Section 1. Posting of Lists: From the results of each examination, the Commission shall prepare and keep open for public inspection an eligible list of persons who achieve the minimum passing score or better on the examination and are otherwise eligible. Such persons shall be notified and take rank upon the eligible list in the order of their relative grades without reference to priority of time of examination. Whenever it becomes necessary to re-administer an examination in order to obtain additional eligibles, the Commission may consolidate existing lists for the same class by rearranging the eligible names therein according to their grades. Each person whose name appears on the existing list which is to be merged with a new list shall have an opportunity to compete in the second examination, provided he meets the qualifications. Standing on the eligible list then shall be determined by the grade on the subsequent examination.

Section 2. Duration of Eligible Lists: The term of eligibility of each list shall be fixed by the Commission at not less than one year nor more than two years.

Section 3. Disqualification of Eligibles and Removal From List: After the creation of an eligible list, if the Commission has reason to believe that any person whose name appears on a list is disqualified for appointment because of reasons which developed subsequent to his examination, such person shall be notified and given an opportunity to be heard. If such person fails to appear for a hearing, or upon being heard fails to satisfy the Commission, his name shall be removed from the appropriate list. The following are cause for disqualification:

A. Inability to perform the duties of the classification;

B. Errors disclosed in computing scores;

C. False statements made on the application;

D. Any personal activity for which a background investigation demonstrates the likelihood of an adverse effect on his performance in the position to which he seeks appointment, or activity prohibited by the Ohio Revised Code;

E. Failure to report or arrange within three days after receiving notice of certification (Saturdays, Sundays and holidays excepted) for an interview with an appointing authority;

F. Failure to respond to a notice from the Commission or the agency;

G. Declining an appointment without reasons satisfactory to the Secretary or his designee;

H. Cannot be located by the postal authorities; or

I. Any other similar reason.

The name may be reinstated on the eligible list only by a written satisfactory explanation of the circumstances submitted to and approved by the Commission.

If the eligible list in question has resulted from a promotional examination, separation from service shall be cause for removal from the eligible list.

Section 4. Change of Address: Each person on an eligible list shall file with the Commission written notice of any change of address and failure to do so may cause the person's name to be removed from the list.

Section 5. Revocation of List: An eligible list may be revoked and another examination ordered only when in the judgement of the Commission such action is deemed advisable due to errors, fraud or obviously inappropriate standards prescribed in connection with any examination. All competitors in the first examination shall be given opportunity to compete and a new eligible list shall be established. No eligible list shall be revoked except upon written notice to all persons whose standing may be affected. The Commission must take action on the reasons for such alteration or revocation and an entry of the action must be made in the minutes of the Commission.

Section 6. Provisional Employees Competing on Open Exams: A provisional employee who passes an examination for a vacant position in the class in which he is serving as a provisional at the time of the examination, and the vacant position is in the employing unit in which he is serving at the time of the examination, shall be placed by the Secretary on a preferred eligible list. This preferred eligible list must be exhausted before any other eligible list is prepared. No provisional employee shall, under this section, be appointed to a vacant position in any employing unit that is not the unit in which he is serving at the time of the examination nor to a classification that is not the class in which he is serving at the time of the examination.

Section 7. Eligible Lists Resulting From an Open and Promotional Examination: In cases where an examination is given both as open and promotional, e.g., a case in which an insufficient number of eligibles are available for a full certification, a list of competitors passing the promotional examination shall be prepared. The promotional eligible list shall be exhausted before an open eligible list is prepared consisting of the competitors passing the open examination. In cases where permanent employees have competed on an exam which is administered as both an open and promotional exam, the promotional eligible list shall be exhausted before a preferred eligible is prepared. The Secretary may authorize the certification of competitors on the promotional and open eligible lists in cases where there is an insufficient number of competitors on the promotional eligible list to constitute a full certification.