- (a) Rule of three. Unless an appointing authority elects to use an alternate rule, the rule of three shall apply when selecting an eligible for appointment or promotion from a certified eligible list. The rule of three may include more than three eligibles when tied scores exist with the third highest-ranking eligible.
(b) Alternate rule. An appointing authority may elect to use an alternate rule when selecting an eligible for appointment or promotion from a certified eligible list, in accordance with the act and this subpart. The following apply:
- (1) An appointing authority shall notify the Office of Administration of its election to use an alternate rule when requesting to post a vacancy.
- (2) An appointing authority electing an alternate rule may not use an alternate rule unless notification has been received by the Office of Administration, as required in paragraph (1), and the Office of Administration has acknowledged the election of an alternate rule in writing.
- (3) The Office of Administration reserves the right to reject an appointing authority’s election of an alternate rule if it appears the use of the rule is designed to circumvent merit principles as set forth in the act and this subpart.
- (c) Multiple vacancies. During the process of making multiple appointments or promotions from a single certified eligible list, the appointing authority shall follow the same procedure, as set forth in subsections (a) and (b), for each appointment or promotion made.