75-2940. Powers of director; exclusion of disqualified candidates; appeal. (a) The director may refuse to certify a candidate as eligible, or may remove from consideration a candidate who previously has registered for employment with the state when the candidate:
(1) Is found to lack any of the preliminary requirements established for the position for which the candidate applies;
(2) is, due to a qualifying disability, unable to perform the essential functions of the position with reasonable accommodation;
(3) uses illegal narcotics or other drugs which may affect job performance or whose use of alcohol will adversely affect job performance or conduct to the extent that the candidate is not qualified;
(4) has been convicted of, granted deferred prosecution for, or pleaded nolo contendere to any violations which relate to fitness to perform required duties or any crime involving moral turpitude;
(5) has been dismissed from the public service for delinquency or misconduct;
(6) has made a false statement of any material fact;
(7) gives, renders or pays directly or indirectly any money, service or other valuable thing to any person for, or on account of, or in connection with the application, selection or appointment process;
(8) has practiced, or attempted to practice, any deception or fraud in the application, selection or appointment process; or
(9) is affiliated with a political movement advocating overthrow of government by force or violence.
(b) Whenever the director refuses to certify a candidate as eligible, or removes from consideration a candidate who has registered for employment with the state, as provided in this section, the director shall furnish to the candidate a statement of the reasons for such refusal to certify, or removal from consideration as the case may be. In the case of any such refusal or removal an appeal may be taken to the board in accordance with rules and regulations adopted as provided in K.S.A. 75-3706, and amendments thereto.
History: L. 1941, ch. 358, § 16; L. 1967, ch. 434, § 60; L. 1971, ch. 273, § 1; L. 1978, ch. 332, § 12; L. 1985, ch. 276, § 3; L. 1995, ch. 213, § 6; Dec. 17.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
75-2929c Same; transfer of powers, duties and functions; preservation of orders.
75-2929d State civil service board; hearing of appeals; witnesses; production of papers.
75-2929g Same; rules and regulations adopted by secretary of administration.
75-2929h Same; appeals from orders of board.
75-2935 Classified and unclassified services.
75-2935a Classified exempt service abolished; disposition of positions.
75-2935b Unclassified service; approval of compensation; exceptions.
75-2935c Same; salary plan, physicians at aging and disability services institutions.
75-2938b Wage and salary surveys; confidentiality.
75-2940 Powers of director; exclusion of disqualified candidates; appeal.
75-2941 Discrimination forbidden.
75-2945 Filling positions without using certified pool of eligible candidates, when.
75-2946 Appointment to classified position for probationary period.
75-2947 Transfers; leaves of absence; reinstatements.
75-2948 Layoff procedures; notice to director and affected employees; reemployment preference, when.
75-2949f Same; personal conduct detrimental to state service.
75-2950 Reports of actions affecting employment and compensation.
75-2952 Officers and employees shall comply with law.
75-2954 Local officers to furnish aid and space for examination.
75-2957 Penalties for violations.
75-2958 Conviction of misdemeanor.
75-2959 Severability of provisions.
75-2971 Trainee or training positions; procedures; regulations.