(b) Refusal to refer. The Office of Administration is not required to refer an applicant who lacks the minimum qualifications for employment in the relevant job classification or, where applicable, the selective criteria required for appointment or promotion to the specific position to which the applicant applied. The Office of Administration may refuse to refer an applicant under any of the following circumstances:

1. (1) The applicant has been convicted of, or has pled guilty to, a crime, including a plea of nolo contendere, or has otherwise engaged in conduct that renders the eligible unfit or unsuitable for the position sought; provided that the requirements and restrictions contained within 18 Pa.C.S. Chapter 91 (relating to criminal history record information) are strictly followed.
2. (2) The applicant has been terminated from employment for incompetency or misconduct that renders the eligible unfit or unsuitable for the position sought.
3. (3) The applicant has made a false statement, omitted a material fact or engaged in, or attempted to engage in, deception or fraud in application, examination, securing eligibility or seeking appointment or promotion.
4. (4) The applicant lacks professionalism, honesty, trustworthiness or dependability.
5. (5) The applicant does not meet qualifications required by Federal or State law or regulation.
6. (6) The applicant has voluntarily waived their right to apply for, or accept, employment in the classified service under a settlement agreement.