Vacancies -- Positions requiring special qualifications -- Competition suspended -- Promotion -- Promotion register

(1) When there is a vacancy in a position requiring peculiar and exceptional qualifications of a scientific, professional, or expert character, the commission may, after a public hearing and unanimous vote by the commission, suspend competition regarding the position upon satisfactory evidence that: (a) competitive hiring is impracticable; and (b) the position can best be filled by the selection of an individual of recognized attainments. (2) The commission shall report a suspension under Subsection (1) in the commission minutes, together with the reason for suspension. (3) With the exception of an appointment made in accordance with a commission rule adopted under Subsection 17-76-305(1)(b)(i)(H), a department shall fill a supervisor vacancy in the merit system classification by promotion insofar as possible. (4) (a) A department shall make a promotion only after an open competitive examination, admission to which shall be limited to merit system officers. (b) A promotion examination process described in Subsection (4)(a) shall include consideration of the seniority and competence of the merit system officer to perform the duties required in the position for which application is made. (c) The seniority element of the promotion examination may not exceed 40% of the entire examination score. (5) (a) After a promotional examination, the commission shall prepare a promotional eligible appointment register that shall take precedence over any previously existing eligible appointment register. (b) The certified promotional eligible appointment register shall consist of three names for the initial vacancy and one more name for each additional vacancy, ranked in the order of the examination score, beginning with the highest scoring applicant.