1. (a) Except as otherwise provided by law or these regulations, or order of the executive officer, a current employee in an agency or subdivision designated as appropriate by the executive officer may compete in the promotional examination if the employee meets one of the following criteria:

   1. (1) Has a permanent appointment.
   2. (2) Has had a permanent appointment with no subsequent break in service by resignation, non-disability retirement, or removal for cause.
   3. (3) Is on temporary assignment or loan under Section 426 and has permanent civil service status in another agency.
2. (b) Persons employed by the legislature who meet the provisions of Government Code section 18990 or in nonelected exempt positions in the executive branch of government who meet the provisions of Government Code section 18992 may also compete in promotional examinations.
3. (c) Not withstanding any other provision of law, persons retired from the United States military, honorably discharged from active military duty with a service-connected disability, or honorably discharged from active duty as defined in Government Code section 18991, may compete in promotional examinations.
4. (d) Those individuals who resign while competing in a promotional examination and who reenter state service within six months with a permanent appointment may, with concurrence of the appointing power, resume competition in the examination in progress when it is possible to do so without requiring the rescheduling of an already completed part of the examination.

Note: Authority cited: Section 18701, Government Code. Reference: Sections 18950, 18990, 18991 and 18992, Government Code.

History

1. Amendment filed 7-3-73; effective thirtieth day thereafter (Register 73, No. 27). For prior history, see Register 60, No. 20.

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

3. Amendment filed 2-6-87; effective thirtieth day thereafter (Register 87, No. 6).

4. Change without regulatory effect amending subsections (a), (a)(3) and (d) filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).

5. Provisional version of section contingent upon sunset of Government Code sections 18546, 18990, 18992 and 19889.3 filed 9-1-2010; operative 10-1-2010. Amendment exempt from the Administrative Procedure Act and OAL review pursuant to Government Code section 18211. Submitted to OAL for filing with the Secretary of State and printing in the CCR pursuant to Government Code section 11343.8 (Register 2010, No. 36).

6. Change without regulatory effect removing version effective through 12-31-2012, amending section heading of provisionally effective section and amending section filed 9-13-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38).