DAS General Letter 222 - Exam Waiver and Delegation of Authority to Recruit

PURPOSE

This General Letter establishes uniform and equitable policies and procedures for waiving examinations where the possession of a professional license, degree or satisfactory completion of an accreditation, certificate or licensure program is a mandatory requirement for appointment (initial appointment or promotion) to a position in accordance with Sec. 5-219(a) of the Connecticut General Statutes. (Note: Positions covered under this Statute are labeled as “Non-Examined” on the relevant class specifications. Non-Examined classes are Competitive; therefore, vacancies for Non-Examined job classes must be posted and all applicable statutory and bargaining unit language must be followed.)

This General Letter also establishes uniform procedures for waiving examinations in other circumstances and delegating authority to recruit for those positions in accordance with Sec. 5-227b of the Connecticut General Statutes. This General Letter supersedes the previous General Letter dated January 19, 2024.

POLICY

The Commissioner of Administrative Services may waive examinations and delegate the authority to recruit in accordance with Sec. 5-219(a) and Sec. 5-227b of the Connecticut General Statutes.

SCOPE

This General Letter applies to all agencies in the Executive Branch under the jurisdiction of the Department of Administrative Services.

REQUIREMENTS

All parties working under this policy shall act in good faith and comply with all applicable Federal and State employment laws, regulations, collective bargaining agreements, policies and procedures governing job classes where examinations are waived.

RESPONSIBILITIES

This General Letter applies when agencies receive approval to fill a vacancy in any permanent position designated as non-examined or delegation of authority to recruit (delegated) in the classified service within the executive branch under the jurisdiction of the Department of Administrative Services, Statewide Human Resources Division. Eligible candidates shall be placed on a candidate list in JobAps. Candidate lists established for job classes being recruited for within the purpose of this General Letter are not considered “examination lists.”

There are numerous job classes applicable to this General Letter and the composition of these job classes changes periodically. As such, this non-examined designation can be found under the Job Class Designation section of the official job class for the job title for which refill approval has been received.

APPLICABILITY

There are two types of situations under C.G.S. § 5-227b where examinations are waived:

1. Non-Examined classes:

Where the possession of a professional license, degree or satisfactory completion of an accreditation, certificate or licensure program is a mandatory requirement for appointment or promotion to a position in state service;

For job classes that require a Connecticut license, appointing authorities have the discretion to include a candidate(s) with an applicable license issued outside of Connecticut and/or a candidate(s) working towards obtaining an applicable Connecticut license, on a candidate list if they feel the candidate(s) is otherwise qualified and suitable for the position being recruited for. Candidates working towards obtaining an applicable Connecticut license and/or with an applicable license outside of Connecticut must possess and retain Connecticut licensure by the time of hire if the job class requires it. The appointing authority shall verify this has occurred prior to the hire date.

2. Delegation of authority to recruit classes:

• Where the appointment or promotion to a class specification that is utilized by a single state agency is limited in number and has few vacancies in the professional or managerial series;

• When the qualifications for a position within the managerial class are so specialized or unique that an examination for a general class specification would not result in a list of candidates possessing such qualifications and would not be cost effective; or

• When the number of applicants meeting the minimum qualifications for admission to an announced promotional examination is anticipated to be five (5) or less.

In accordance with Sec. 5-227b(b) of the Connecticut General Statutes, when the Commissioner of Administrative Services waives an examination under conditions two (2) through four (4) of Sec. 5-227b(a) of the Connecticut General Statutes, agencies shall determine if a class falls under the delegation of authority to recruit section of C.G.S. Sec 5-227b(a) conditions two through four. If the answer to each of the following questions is "yes", then an examination is not required.

• Does the job specification refer to positions within the class specification requiring advanced degrees, licensure or certification?

• Is the requirement mandatory of all incumbents filling the position?

• Is the requirement a mandatory requirement at the time of appointment?

If any of the answers to the questions above is “no”, then the position is not covered by this General Letter, the classification is considered competitive which means an examination is required.

PROCEDURES

Vacancies within the purpose of this General Letter shall be filled in accordance with General Letter No. 194 – Filling Vacancies.

OTHER

Appointing authorities are responsible for the following regarding waiver of examinations and delegation of authority to recruit:

• Responding to any administrative and/or legal challenges to waiver of examinations and delegation of authority to recruit;

• Meeting all document retention requirements;

• Responding to all requests for information under the Freedom of Information Act (FOIA); and

• Maintaining the security and confidentiality of all waivers of examinations and delegation of authority to recruit materials.

Please contact the assigned DAS HR Business Partners or HR Policy and Information Systems Unit for questions regarding this policy.