In 1993 legislation was passed which permitted the appointment of candidates to competitive positions without formal examination when a professional license, professional degree, accreditation, or certificate is a mandatory requirement for appointment to a job classification. In 1996 this legislation was expanded to include positions which have mandatory professional licensure, degree, accreditation or certificate requirements.

Section 5-219. Possession of a professional license or degree, or satisfactory completion of an accreditation, certificate or licensure program may serve as the sole basis for appointment, provided such credentials are a mandatory requirement for employment in a position.

JOB CLASSIFICATIONS NOT REQUIRING FORMAL EXAMINATIONS

The DAS, Human Resources Business Center has updated and expanded the list of job classifications to which this statutory language applies. In particular, a significant number of classes have been added in the areas of Nursing and Social Work. The complete list of job classes covered by this statute appears below and on the following pages, organized by occupational category. (Class codes have been provided for your reference.)

LEGAL JOB CLASSES

Adjudicator (2203)

Administrative Hearings Attorney 1 (0064)

Administrative Hearings Attorney 2 (7084)

Assistant Adjudicator (3455)

Assistant Attorney General 1 (7816)

Assistant Attorney General 2 (0400)

Assistant Attorney General 3 (7083)

Assistant Attorney General 4 (Department Head) (0403)

Assistant Attorney General 4 (Practitioner) (0404)

Assistant General Counsel, Board of Labor Relations (0362)

Associate Attorney for the Office of Protection and Advocacy (1106)

Associate Research Attorney (7211)

Associate Staff Attorney to the Employment Security Board of Review (0195)

Attorney for the Office of Protection and Advocacy (0390)

Banking Administrative Attorney 1 (1166)

Banking Administrative Attorney 2 (1135)

Banking Supervising Administrative Attorney (1144)

Chairman of the Employment Security Board of Review (1508)

Chief Inheritance Tax Attorney (1735)

Director of Adjudications Division- DPUC (2658)

Director of Public Health Hearing Office (1882)

Elections Enforcement Commission Staff Attorney 1 (3239)

Elections Enforcement Commission Staff Attorney 2 (3240)

Environmental Protection Director of Adjudications (0084)

Ethics Commission Staff Attorney 1 (3522)

Ethics Commission Staff Attorney 2 (3572)

Executive Director and General Counsel, State Elections Enforcement Commission (3543)

Executive Director and General Counsel, State Ethics Commission (3566)

Executive Director and General Counsel, State Freedom of Information Commission (3571)

First Assistant Commissioner of Revenue Services (3900)

FOI Commission Program Manager (3618)

Freedom of Information Commission Appellate Attorney (RC) (0346)

Freedom of Information Commission Staff Attorney 1 (3999)

Freedom of Information Commission Staff Attorney 2 (3997)

Freedom of Information Director of Public Information and Education (0473)

Human Rights and Opportunities Assistant Commission Counsel 1 (4775)

Human Rights and Opportunities Assistant Commission Counsel 2 (4771)

Labor Relations Advisor (5254)

Labor Department Director of Program Policy (5251)

Legal Services Developer (5374)

Legal Services Staff Attorney 1 (0087)

Legal Services Staff Attorney 2 (0088)

Legislative and Administrative Advisor 1 (0359)

Legislative and Administrative Advisor 2 (7108)

Legislative and Administrative Manager (3438)

Litigation Attorney, Office of Consumer Counsel (5422)

Managing Attorney, Commercial Recording Division (0055)

Managing Director and Commission Attorney (3300)

Motor Vehicle Legal Services Division Chief (5796)

Motor Vehicle Regulations and Administrative Advisor (5811)

Policy and Legislative Advisor (0425)

Principal Adjudicator (RC) (6665)

Principal Attorney (3920)

Public Works Legal Services Staff Attorney (6686)

Regulations and Executive Advisor (6784)

Research Attorney (6809)

Special Revenue Assistant Unit Head (Hearings) (7766)

Staff Assistant Counsel to the Employment Security Board of Review (7837)

Staff Attorney to the Employment Security Board of Review (0042)

Supervising Attorney State Ethics Commission (0317)

Tax Attorney 1 (8652)

Tax Attorney 2 (8653)

Tax Attorney 3 (0165)

Tax Legal Director (8654)

MEDICAL, DENTAL AND VETERINARY JOB CLASSES

Agency Director of Medical Services (2623)

Associate Medical Examiner (0955)

Chief of Bureau of Health Promotion (1577)

Dental Hygienist 2 (7161)

Dentist (4940)

Director of Clinical Laboratories (2620)

Director of Epidemiology Section (1667)

Director of Handicapped Children Section (1632)

Director of Medicine (1821)

Director of Maternal and Child Health Section (1764)

Director of Pathology Services (0020)

Director of State Oral Health Program (3769)

Hospital Clinical Director (4721)

Lead Dental Assistant (2339)

Lead Dentist (7320)

Mental Health Chief of Professional Services (5653)

Mental Health Director of Training (5652)

Mental Retardation Chief Medical Officer (0014)

Mental Retardation Chief Medical Officer State Training School (1773)

Physician 1 (6261)

Physician 2 (6263)

Physician 3 (6264)

Physician Assistant (6262)

Psychiatrist 1 (6622)

Psychiatrist 2 (6623)

Psychiatrist 3 (6624, 6591)

Psychiatrist 4 (6625, 6592, 6626)

Social Services Dental Consultant (4818)

State Veterinarian (8110)

Veterinarian (9099)

PSYCHOLOGICAL SERVICES JOB CLASSES

Director of Psychological Services (Clinical) (1835)

Director of Psychological Services (Consulting) (1854)

Mental Health Director of Psychological Services (5683)

Psychologist (Clinical) (6629)

Psychologist (Consulting) (6448)

Psychologist (Managerial) (6701)

Psychologist (Clinical OM) (6575)

Post Doctoral Fellow – Psychology Department (Clinical) (6628)

Post Doctoral Fellow – Psychology Department (Consulting) (6446)

Supervising Psychologist 1 (Clinical) (6630)

Supervising Psychologist 1 (Clinical Managerial) (6595)

Supervising Psychologist 1 (Consulting) (6452)

Supervising Psychologist 1 (Consulting Managerial) (6596)

Supervising Psychologist 2 (Clinical) (6758)

Supervising Psychologist 2 (Clinical Managerial) (6635)

Supervising Psychologist 2 (Consulting) (6577)

Supervising Psychologist 2 (Consulting Managerial) (6637)

NURSING JOB CLASSES

Advanced Nurse Practitioner (2697)

Assistant Chief of Mental Health Nursing Services (0487)

Chief of Mental Health Nursing Services (1774)

Clinical Nurse Coordinator (General) (1974)

Clinical Nurse Coordinator (Psychiatric) (1975)

Correctional Hospital Nursing Supervisor (2289)

Director of Community Nursing Section (1627)

Director of Community Nursing and Day Care Division (2846)

Director of Nursing 1 (General) (2757)

Director of Nursing 1 (Psychiatric) (2751)

Director of Nursing 2 (General) (2759)

Director of Nursing 2 (Psychiatric) (2752)

Director of Nursing 3 (2753)

Executive Officer, Board of Examiners for Nursing (5929)

Lead Nurse Clinical Instructor (5912)

Lead Nurse Clinician (5906)

Mental Retardation Director of Nursing Services (5692)

Nurse Clinical Instructor (General) (5914)

Nurse Clinical Instructor (Psychiatric) (5911)

Nurse Clinical Specialist (5913)

Nurse Clinician (5915)

Nurse Consultant (General) (5927)

Nurse Consultant (Mental Health) (0371)

Nurse Consultant (Mental Retardation) (5903)

Nurse Consultant (Public Health) (5905)

Nurse Consultant (Workers Compensation) (0375)

Nurse Recruiter (5907)

Nurse Supervisor (General) (5922, 5923)

Nurse Supervisor (Psychiatric) (5920)

Supervising Nurse Consultant (7400)

Utilization Review Nurse Coordinator (5613)

PHARMACY CLASSES

Consumer Protection Drug Control Agent (2212)

Consumer Protection Drug Control Principal Agent (2211)

Pharmacist (6190)

Pharmacy Consultant (6200)

Pharmacy Supervisor (6192)

Principal Pharmacist (6191)

THERAPY CLASSES

Certified Occupational Therapy Assistant (0699)

Communications Therapist (7783)

Communications Therapy Consultant (1998)

Lead Respiratory Therapist (4445)

Occupational Therapist 1 (5970)

Occupational Therapist 2 (5971)

Occupational Therapy Consultant (8710)

Occupational Therapy Supervisor (5980)

Physical Therapist 1 (6230)

Physical Therapist 2 (6251)

Physical Therapy Consultant (8729)

Physical Therapy Supervisor (6250)

Respiratory Therapist (6881)

Respiratory Therapy Supervisor (6884)

Respiratory Therapy Technician (6885)

Speech Pathologist (7781)

Supervising Communications Therapist (8497)

SOCIAL WORK JOB CLASSES

Children and Families Director of Training Academy (0108)

Clinical Social Worker (0966)

Clinical Social Worker Associate (0965)

Health Services Social Work Consultant (0235)

Psychiatric Social Work Administrator (6643)

Psychiatric Social Work Associate Administrator (6590)

Psychiatric Social Work Director 1 (6601)

Psychiatric Social Work Director 2 (6610)

Psychiatric Social Work Supervisor (6612)

OTHER HEALTH CARE RELATED CLASSES

Audiologist (1114)

Developmental Specialist 1 (2558)

Developmental Specialist 2 (7164)

Dietitian 2 (8490)

Principal Radiological Technologist (9382)

Qualified Mental Retardation Professional (5668)

Staff Radiological Technologist (9381)

Supervising Dietitian (8492)

Supervisor of Clinical Laboratory Services (1729)

INSURANCE

Insurance Accredited Financial Examiner (4982)

Insurance Actuary (0051)

Insurance Certified Financial Examiner (4980)

Insurance Certified Supervising Examiner (4981, 4979)

OTHER JOB CLASSES

Airport Administrator (8803)

Boiler Inspector (7928)

Boiler Inspection Supervisor (0006)

CDHI Interpreter Coordinator (5027)

Department of Mental Health and Addiction Services Director of Programs & Services (2445)

Director of Vocational Rehabilitation Services (Blind) (1845)

Elevator Inspector ((3252)

Elevator Inspection Supervisor (7863)

Environmental Protection Education and Firearms Education Coordinator (2511)

Environmental Protection Radiation Control Specialist (3507)

Ferry Captain (3790)

Lead Barber (1170)

Lead Ferry Captain (7201)

Lead Hairdresser (4233)

Medical Records Supervisor 1 (5625)

Medical Records Supervisor 2 (5630)

Personnel Assessment Program Manager (2745)

Police Officer (9035)

Special Funds Administrator (0204)

Special Revenue Chief Financial Examiner (1808)

Transportation Aviation Administrator (8748)

OTHER POSITIONS THAT MIGHT NOT REQUIRE FORMAL EXAMINATIONS

In addition to the job classifications listed above, there are positions within other competitive job classifications to which this statutory language applies. For many generic classifications such as Insurance Department Division Director and Department of Mental Health and Addiction Services Hospital Division Director, advanced professional degrees, licenses and/or certifications are requirements of certain positions within the job classification. For these positions, formal examinations are not required for permanent appointment.

Unfortunately, it is impossible to assemble a comprehensive list of positions that require advanced professional degrees, licensure or certification. For this reason, the following guidelines should be used when assessing whether a formal examination is required. If the answer to each of the following questions is "yes", then an examination is not required.

1. Does the job specification refer to positions within the job classification requiring advanced degrees, licensure or certification?
2. Is the requirement mandatory of all incumbents filling the position?
3. Is the requirement a mandatory requirement at the time of appointment?
4. Is the requirement job related and defensible?

If the answer to any of the above questions is "no", then a formal examination is required.

The waiving of a formal examination is driven by the requirements of the job, not the qualifications of the applicant. For example, if a law degree is a substitution allowed for the General or Special Experience but is not a Special Requirement, a formal examination would still be required to make an appointment even if the applicant had a law degree. For positions with special education, licensure or certification requirements, that are not clearly attached to position assignments as detailed on the job specification, it is strongly recommended that position descriptions be drafted which outline the special requirements of the position. Make certain that all special requirements are referenced on the job specification for the job classification.

 PROCEDURES

This general letter authorizes agencies to permanently appoint candidates to the job classifications listed above as well as to positions within generic job classifications which meet all the requirements outlined without a formal employment examination. To make such an appointment, agencies must submit a PER 201/301 and within the Remarks Section of this paper or electronic form include: (1) reference to candidate list #12345 to indicate appointment to any one of these classes; (2) a statement of the special credentials; and (3) a statement certifying that the candidate meets all the minimum experience and training requirements for the class, including possession of the required credentials.

There is no anticipated eligibility for appointment under this general letter. Candidates must meet all minimum experience and training requirements on or before the date of appointment.

Agencies are responsible for maintaining a copy of the candidate's current and renewed license, certification, accreditation and/or educational degree certificate in their personnel records as well as an official employment application. DAS will review these materials when conducting audits of appointments made under this General Letter. For inquiries concerning licenses or certifications, agencies should contact the Department of Public Health or other applicable source as referenced in the appropriate job specification. If you would like assistance in interpreting minimum experience and training requirements and reviewing applicants’ qualifications, please feel free to contact the DAS, Human Resources Business Center, Personnel Assessment and Staffing Services Unit at 860-713-5204.

Each agency is responsible for recruiting applicants to fill vacant positions covered under this general letter. Any advertisements and/or other forms of media used to recruit candidates must include the current salary, a general description of the job duties, and the minimum experience and training requirements for the class. (Please refer to the appropriate bargaining unit contract, if applicable, for specific details on posting and advertising requirements for competitive positions.) Continuous recruitment may be an option for those job classifications for which there is significant hiring activity.

Candidate lists will no longer be promulgated and maintained by DAS for job classes covered under this general letter. Examinations may still be announced and candidate lists promulgated for generic job classifications that include some positions requiring advanced professional degrees, licensure and/or certification. These candidate lists must be used to make appointments for positions that do not require advanced professional degrees, licensure or certification. Although agencies are not required to use these candidate lists for positions covered under this general letter, they may serve as a useful recruitment base.

If your agency would like assistance with any recruitment efforts related to these or other job classifications, please contact Patsy McLaughlin at 850-713-5253. Patsy has extensive experience in recruiting and is eager to work with your agency in your recruitment efforts.

We hope that this expanded list of job classes provides your agency with more flexibility to better meet its human resource needs. If you have any questions concerning positions that might be covered under this general letter, please feel free to contact me at 860-713-5204.

________________________________

Pamela L. Libby, Ph.D.

Director, Personnel Assessment and Staffing

Human Resources Business Center

99-07