1. (a) A candidate is considered interested in a job vacancy when they file a timely job application in accordance with sections 249.1.2 and 249.1.3.
2. (b) Any candidate who is deemed not interested in a job vacancy shall not be considered for that vacancy.

3. (c) A candidate on a certified eligible list is deemed not interested in a job vacancy if they:

   1. (1) Do not apply for a job vacancy;
   2. (2) Are unavailable for or decline a hiring interview;
   3. (3) Withdraw interest at any stage of the hiring process; or,
   4. (4) Decline an offer of employment.
4. (d) If a candidate is unavailable for employment within 30 calendar days following the date of a formal offer of employment, the appointing power may treat their unavailability as a decline of the job offer. For purposes of this provision, “unavailable” means the candidate is unable or unwilling to begin employment within 30 calendar days following the date of a formal offer of employment, and a later start date cannot reasonably be accommodated consistent with operational needs and applicable law. Before determining unavailability, the appointing power shall consider applicable leave rights and, when a disability or pregnancy-related condition is implicated, engage in the interactive process to evaluate whether a reasonable accommodation, including an adjusted start date within the 30-day period, is feasible.
5. (e) Candidates certified from any eligible list may decline an unlimited number of hiring interviews or job offers, or withdraw interest at any stage of the hiring process, and shall remain active on the eligible list.
6. (f) A determination of not interested or a decline under this section applies to the vacancy for which the certification was issued and does not remove the candidate from the eligible list.
7. (g) When an appointing power elects to contact a candidate, the method-specific minimum response periods and recordkeeping requirements in section 249.5 apply.
8. (h) Nothing in this section alters the rule of three ranks. Selection must be made from among candidates in the three highest ranks on the certified list, consistent with section 254 and Government Code sections 19057.1 and 19057.3.
9. (i) A candidate's statement of acceptable conditions of employment and any changes to those conditions are governed by section 261.
10. (j) Nothing in this section diminishes priority rights for State Restriction of Appointment or reemployment candidates. If the provisions of this section conflict with a memorandum of understanding reached pursuant to Government Code section 3517.5, the memorandum of understanding controls.

Note: Authority cited: Section 18701, Government Code. Reference: Sections 18901, 19050, 19057.1, 19057.3 and 3517.5, Government Code.

History

1. Amendment filed 12-24-64; effective thirtieth day thereafter (Register 64, No. 26).

2. Repealer of Note filed 4-8-77; effective thirtieth day thereafter (Register 77, No. 15).

3. Amendment filed 7-13-79; effective thirtieth day thereafter (Register 79, No. 28).

4. Amendment filed 1-31-2012; operative 3-1-2012. Exempt from the Administrative Procedure Act pursuant to Government Code section 18211. Submitted to the Office of Administrative Law for filing and printing only pursuant to Government Code section 18214 (Register 2012, No. 5).

5. Amendment of section heading and section and new Note filed 4-27-2017; operative 7-1-2017. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2017, No. 17).

6. Repealer and new section heading and section and amendment of Note filed 4-29-2026; operative 7-1-2026 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code section 18214(d)(2) (Register 2026, No. 18).