Ch. 106                                        1994 LAWS OF MARYLAND

(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)      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)      (1) If a class is unique to one unit, [the Secretary may allow] the unit
SHALL [to] recruit, examine, and certify a list of eligible candidates to be considered for
appointment to positions in the unique class IN ACCORDANCE WITH THE PROVISIONS
OF THIS ARTICLE.

(2)      NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION, THE UNIT MAY REQUEST THAT THE DEPARTMENT RECRUIT,
EXAMINE, AND CERTIFY A LIST OF ELIGIBLE CANDIDATES FOR ANY OF ITS UNIQUE
CLASSES.

(3)      (I) THE INDIVIDUAL IN THE UNIT CERTIFYING THE LIST SHALL
CERTIFY THAT THE LIST WAS PREPARED IN ACCORDANCE WITH THE PROVISIONS
OF THIS ARTICLE.

(II) IF A LIST PREPARED BY A UNIT IS FOUND NOT IN
ACCORDANCE WITH THE PROVISIONS OF THIS TITLE:

1.        THE INDIVIDUAL WHO CERTIFIED THE LIST SHALL BE
SUBJECT TO APPROPRIATE DISCIPLINARY ACTION; AND

2.        THE UNIT SHALL BE SUBJECT TO REVOCATION OF THE
AUTHORITY TO RECRUIT, EXAMINE, AND CERTIFY CANDIDATES FOR
APPOINTMENT.

(4)      THE DEPARTMENT MAY AUDIT THE UNIT'S RECRUITMENT,
EXAMINATION, AND CERTIFICATION PROCEDURES FOR COMPLIANCE WITH THE
PROVISIONS OF THIS ARTICLE.

(d)     (1) Without holding an examination, the Secretary OR AN APPOINTING
AUTHORITY FOR A UNIQUE CLASS may prepare a special list of eligible candidates
whom the Division of Vocational Rehabilitation of the Department of Education certifies
as being physically capable and adequately trained to qualify for a specified position in
the classified service.

(2) An appointing authority may use the special list of eligible candidates to
fill the specified position.

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