WILLIAM DONALD SCHAEFER, Governor                              Ch. 10

In subsection (a) of this section, the introductory clause, "[e]xcept as
otherwise provided in this Division I", is added to reflect existing exceptions.
See, e.g., §§ 4-302(c), 4-306, 12-101, and 12-202 of this article, which provide
for appointments to a class unique to one unit and for temporary and
emergency appointments.

In subsection (b)(2)(iii) of this section, the reference to "§ 3-405 of this
article" is substituted for the somewhat different list of factors in former Art.
64A, § 17(d)(2), for consistency.

Defined terms: "Appointing authority" § 1-101
"Classified service" § 1-101
"Position" § 1-101
"Secretary" § 1-101

4-302. CERTIFICATION.

(A)     IN GENERAL.

EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IF A REQUEST IS MADE
UNDER § 4-301 OF THIS SUBTITLE, THE SECRETARY SHALL CERTIFY TO THE
APPOINTING AUTHORITY:

(1)      THE FIVE CANDIDATES WITH THE HIGHEST STANDING ON THE LIST
OF ELIGIBLE CANDIDATES FOR THE CLASS IN WHICH THE POSITION IS INCLUDED;
OR

(2)      IF THE LIST OF ELIGIBLE CANDIDATES CONTAINS FEWER THAN FIVE
CANDIDATES, ALL OF THE CANDIDATES ON THE LIST.

(B)      SELECTIVE CERTIFICATION.

IF THE SECRETARY HAS APPROVED A REQUEST FOR SELECTIVE
CERTIFICATION, THE NAMES CERTIFIED UNDER SUBSECTION (A) OF THIS SECTION
MAY BE LIMITED TO CANDIDATES WHO:

(1)      MEET THE JOB-RELATED QUALIFICATIONS SPECIFIED IN THE
REQUEST; OR

(2)      HAVE INDICATED AVAILABILITY FOR THE GEOGRAPHIC AREA
SPECIFIED IN THE REQUEST.

(C)      WHEN UNIQUE CLASS EXISTS.

IF A CLASS IS UNIQUE TO ONE UNIT, THE SECRETARY MAY ALLOW THE UNIT
TO RECRUIT, EXAMINE, AND CERTIFY A LIST OF ELIGIBLE CANDIDATES TO BE
CONSIDERED FOR APPOINTMENT TO POSITIONS IN THE UNIQUE CLASS.

(D)     SPECIAL LIST OF ELIGIBLES.

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