10.062 - EXAMINATIONS AND ELIGIBLE LISTS.  The Director may provide a special form of application for unskilled laborer positions.  Every applicant for appointment to an unskilled laborer position shall be required to pass such medical, physical and other qualifying tests of fitness as may be prescribed by the Director.  The candidates who pass such tests shall be placed upon the resulting eligible list solely upon the basis of successfully passing the tests and without regard to rank or scores.  An eligible list obtained for unskilled laborers shall be used to certify when necessary to the class specified in Section 10.061 above.

10.063 - APPOINTMENT.  The appointing authority may appoint any person who has passed qualifying tests of fitness as prescribed in Section 10.062 above.

10.064 - PROMOTION AND DEMOTION.  A person appointed to an unskilled laborer class may be promoted to a higher unskilled laborer class at the discretion of the appointing authority with pay increases in accordance with Section 6.092 of the Regulations.  Demotions, voluntary or involuntary, shall be made in accordance with Sections 6.093, 6.094 and 17.01 of the Regulations.

10.065 - DURATION OF ELIGIBLE LISTS FOR UNSKILLED LABORERS.  An eligible list for unskilled laborers shall continue in force for at least one (1) year from the date of its establishment and thereafter until exhausted or replaced by a more recently prepared list but in no case longer than two (2) years.

10.071 - NON-CONTINUOUS AND PERIODIC LISTS.  Open competitive and promotional lists, established as the result of non-continuous or periodic examinations, shall continue in force for at least one year from the date of establishment thereof and thereafter until exhausted or replaced but in no case longer than two years.

When a more recent list has been established for a class, the Director may determine that a previous non-continuous or periodic list for that class, which is more than one year old, shall be canceled and replaced.

10.072 - OTHER LISTS.  Names of eligibles on open competitive, promotional, and career advancement lists established as the result of continuous examinations shall be retained on such lists for at least one year from the date on which the name is placed on the list or until appointed or removed but in no case longer than two years.

The Director may remove a name from a continuous list at any time after the name has been on such list for one year, provided however, that all names added to the list on the same date as the name removed, or on any earlier date, are also removed and, provided further, that in the case of continuous lists, more recent names remain on the list.

Names of persons laid off or demoted in lieu thereof shall be retained on the appropriate layoff lists for a period not to exceed two years.

10.073 - CONSOLIDATED LISTS.  For the purpose of this section, separate lists which have been consolidated shall be treated as separate lists.

10.081 - ELIGIBLES REMAINING ON PRIOR LISTS.  An eligible remaining on the prior list shall have the option of taking the new examination with the possibility of attaining a higher final average.  If such eligible fails to take the new examination or fails the examination, his name shall be retained on the consolidated list with a rank based on his prior final average.  If such eligible takes the new examination and attains a lower final average, his name shall be placed on the consolidated list first, with rank based on his prior final average for the duration of the prior list and thereafter, with rank based on his new final average for the duration of the new list.

If such eligible takes the new examination and obtains a higher final average, his name shall be placed on the consolidated list only with rank based on the new final average.

10.091 -  Appointment through certification from such list to fill a permanent position

1. in the class for which the list was established; or
   
   
2. any other class for which the list is designated as appropriate or related by the Director under Regulation 10.05.

10.092 -  Filing a statement of unavailability by the eligible with the Director stating that the eligible is unable, for good and proper reasons therein set forth, to accept appointment.  Such statement may be restricted to a limited period of time therein specified and, if so restricted, the name of the eligible shall, during the specified period, be passed over in certification to fill vacancies as though his name did not then appear on the list.  Any eligible filing such a restricted statement of unavailability may renew his eligibility at any time during the period of time specified in the statement by filing with the Director a written withdrawal of such statement.  Not more than two such restricted statements of unavailability will be honored for any individual eligible during the life of any eligible list.

10.094 -  Separation from the department of the eligible on a promotional list for that department.

10.095 -  Disability that prevents the eligible from satisfactorily carrying on the duties of the position.

10.096 -  Failure to respond or report, within the time specified in the notice, to any inquiry of the Director or appointing authority concerning availability of employment.

10.097 -  Notice by postal authorities of their inability to locate the eligible at his last known address.

10.098 -  Lack of any of the published requisite qualifications established by the Director for the examination for the position for which he applied.

10.099 -  Physically so disabled as to be rendered unfit for the performance of the duties of the position to which he seeks appointment.

10.0910 -  Addiction to the intemperate use of intoxicating liquors or to the use of harmful drugs.

10.0911 -  Addiction to gambling or immoral practices or habits.

10.0912 -  Practice or attempt to practice any deception or fraud in his application, in his declarations or in securing his eligibility or appointment.

10.0913 -  Failure to pay the required examination application fee.

10.0914 -  Conviction in this state or elsewhere, whether sentenced or not and, whether subsequently pardoned or not, of any: (a) felony; (b) misdemeanor in the nature of crimens falsi; (c) offense against public morals or decency; (d) offense the nature of which is malum per se, or tends to lead to corruption, debauchery or lowering of moral standards, or which may adversely affect the health or general welfare of the citizenry; (e) crime of violence, including assault and battery; (f) offense, whether indictable or not, involving dishonesty, fraud or cheating; (g) offense against the public peace, but not including disorderly conduct; or

10.0915 -  Dismissal from the public service or private employment for inefficiency, delinquency or misconduct.

10.0916 -  Previous work performance in either public or private employment found to have been unsatisfactory as to efficiency, delinquency or conduct.

10.0917 -  Information revealed during the pre-employment background investigation that requires removing the employee from the position.

10.101 - REJECTED PROBATIONARY EMPLOYEE.  A probationary employee who is rejected during his probationary period may have his name restored to the eligible list from which he was appointed upon the recommendation of the appointing authority and approval of the Director.