WILLIAM DONALD SCHAEFER, Governor Ch. 543

reason of illegality or fraud in connection therewith. UPON
PROMULGATION OF AN ELIGIBLE LIST, THE RELATIVE STANDINGS OF
ELIGIBLES MAY NOT BE AFFECTED EXCEPT WHERE A CLERICAL ERROR IN
THE COMPUTATION OF SCORES HAS BEEN IDENTIFIED. The Secretary
shall also have [the] DISCRETIONARY power[, in his discretion,]
to remove the name of any person from an eligible list for any
wilful misrepresentation of a material matter made in an
application for examination to establish an eligible list. A new
eligible list for any class shall be combined with an existing
list as the Secretary may by rules provide but in such case any
portion of such combined list shall be automatically cancelled
one year after being first posted unless held in force as above
provided. The markings and examination papers of each candidate
shall be open to [his] inspection upon application at the office
of the Secretary. [Whenever the name of any person shall have
been certified to five (5) different vacancies (excluding any
certification in which the name of a veteran having preference to
appointment, as provided in § 17 of this article, shall stand
higher than the name of such person), and such person shall not
have been selected by an appointing authority to fill any of the
vacancies to which he was certified for appointment, the
Secretary may, if he deems such person to be unsuitable for
employment, cause the name of such person to be dropped from the
list of eligibles. Such person shall be notified in writing of
such action. A candidate who protests removal of his name from
the list shall be entitled to a review of such action by a board
established under the rules of the Secretary to review such
actions and to advise the Secretary with respect to such review
of such action.]

(2)  THE SECRETARY MAY DELETE FROM AN ELIGIBLE LIST
THE NAME OF A PERSON WHO:

(I)  FAILS TO SATISFY ANY REQUIRED MINIMUM
PHYSICAL, EDUCATIONAL, OR EXPERIENTIAL QUALIFICATION AS
ENUMERATED IN THE CURRENT CLASS SPECIFICATION;

(II)  FAILS TO MEET REASONABLE REQUIREMENTS AS
TO PHYSICAL CONDITION OR MORAL CHARACTER AS DETERMINED BY AN
EXAMINATION CONDUCTED BY AN APPROVED PHYSICIAN WHERE SUCH AN
EXAMINATION IS REQUIRED; OR

(III)  HAS INDICATED AVAILABILITY FOR EMPLOYMENT
STATEWIDE OR IN A SPECIFIC GEOGRAPHIC AREA AND FAILS TO RESPOND
TO A NOTICE FOR AN INTERVIEW OR DECLINES AN OFFER OF APPOINTMENT
IN THE AREA OF THEIR STATED AVAILABILITY.

(3)  (I) BEFORE A PERSON IS REMOVED FROM THE ELIGIBLE
LIST FOR ANY REASON PROVIDED IN PARAGRAPH (2), THE PERSON SHALL
BE NOTIFIED IN WRITING AND GIVEN AN OPPORTUNITY TO PRESENT TO THE
SECRETARY OR THE SECRETARY'S DESIGNEE, A WRITTEN RESPONSE
EXPLAINING WHY THE PERSON'S NAME SHOULD NOT BE REMOVED FROM THE
ELIGIBLE LIST.

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