Rhode Island General Laws
Chapter 36-4 - Merit System
Section 36-4-18. - Competitive tests.

§ 36-4-18. Competitive tests.
The competitive tests shall be designed to determine fairly the capacity of the persons examined to perform the duties of the positions in the classes for which the lists are prepared. The competitive tests shall be open to applicants who are residents of the state of Rhode Island; provided, that the personnel administrator may admit to competitive tests for technical, professional, or unusual positions residents of other states. Any resident denied admission to an examination on the grounds of insufficient qualifications as established in the class specifications involved may, within five (5) calendar days of the mailing of the notices, appeal in writing to the administrator of adjudication for a hearing or review of the denial. On the basis of the review or hearing, the administrator of adjudication may direct the personnel administrator to permit the appellant to take the examination. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, professional license, or specialized training, and other pertinent matters, and may be written, oral, physical, or in the form of demonstration of skill, or any combination of these types. Public notice of every test shall be given in the manner prescribed by the personnel rules. Persons having a legitimate and proper interest in examination questions used in connection with any examination shall be freely allowed to inspect the questions, when all phases of the examination in which the questions were used have been completed under such conditions as shall be specified in the personnel rules. The final earned rating of each person competing in any test shall be determined by the weighted average of the earned rating on all phases of the test according to weights for each phase established by the personnel administrator in advance of the giving of the tests and published as part of the announcement of the examination. However, the personnel administrator may discontinue the examination process for any competitor when it has been determined that the required minimum final earned rating cannot be attained. All persons competing in any test shall be given written notice of their standing on any employment list or of their failure to attain a place upon the list. The personnel administrator may as deemed appropriate establish broadband examinations for a wide variety of entry and/or other levels of positions which would not be ranked in the traditional manner. The examinations would be ranked only upon certification to an appropriate vacancy and subject to conditions established in the personnel rules and the provisions of §§ 36-4-4 and 36-4-7 shall not apply to any appointments which are in the unclassified service. When an appropriate vacancy exists, the appointing authority will certify as to the appropriate knowledge, skills, and abilities required for successful performance in a particular position or positions. The personnel administrator will then proceed to rank all eligibles who have qualified and possess the requisite knowledge, skills, and abilities.
History of Section.P.L. 1939, ch. 661, § 11; P.L. 1941, ch. 1050, § 6; P.L. 1950, ch. 2456, § 1; P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-18; P.L. 1968, ch. 141, § 2; P.L. 1981, ch. 335, § 2.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 36 - Public Officers and Employees

Chapter 36-4 - Merit System

Section 36-4-1. - Divisions of state service.

Section 36-4-2. - Positions in unclassified service.

Section 36-4-2.1. - Exemptions from merit system.

Section 36-4-3. - Branches of classified service.

Section 36-4-4. - Positions classed as noncompetitive.

Section 36-4-5. - Assignment of positions to noncompetitive branch — Transfer to competitive branch.

Section 36-4-6. - Appointments to noncompetitive branch.

Section 36-4-7. - Probationary period in noncompetitive branch — Acquisition of full status.

Section 36-4-8. - Rules — Amendments.

Section 36-4-9. - Adoption of classification plan.

Section 36-4-10. - Changes in plan — Notice of establishment of new positions.

Section 36-4-11. - Allocation of positions to classes within plan.

Section 36-4-12. - Repealed.

Section 36-4-13. - Submission of proposed pay plan for classified service.

Section 36-4-14. - Adoption of pay plan.

Section 36-4-14.1. - Ineligibility for other incentive payments.

Section 36-4-15. - Changes in pay plan for classified service — New classes.

Section 36-4-16. - Unclassified pay plan board — Abolishment — Transfer of functions.

Section 36-4-16.1. - Repealed.

Section 36-4-16.2. - Duties and responsibilities of the department of administration.

Section 36-4-16.3. - Repealed.

Section 36-4-16.4. - Salaries of directors.

Section 36-4-16.5. - Certain unclassified positions excluded.

Section 36-4-17. - Preparation of employment lists.

Section 36-4-17.1. - Longevity payments.

Section 36-4-17.2. - Future longevity payments.

Section 36-4-18. - Competitive tests.

Section 36-4-19. - Placement of names on employment lists — Listing of veterans.

Section 36-4-20. - Duration of employment lists.

Section 36-4-21. - Open continuous competitive tests.

Section 36-4-22. - Promotion examinations and lists.

Section 36-4-23. - Preferred reemployment list.

Section 36-4-23.1. - Reemployment lists.

Section 36-4-24. - Removal of disqualified names from lists.

Section 36-4-25. - Designation of appropriate list for filling of vacancies.

Section 36-4-26. - Certification and appointment to positions in classified service.

Section 36-4-26.1. - Supplemental certification in the civil service — Expanded certification for equal opportunity and affirmative action.

Section 36-4-27. - Unlawful procurement of waiver or withdrawal.

Section 36-4-28. - Probationary period.

Section 36-4-29. - Restoration to former position of promotional appointees dismissed during probation.

Section 36-4-30. - Repealed.

Section 36-4-31. - Temporary appointment when no list available.

Section 36-4-32. - Emergency appointments.

Section 36-4-33. - War duration appointments.

Section 36-4-34. - Transfers within classified service.

Section 36-4-34.1. - Transfer of state employees.

Section 36-4-35. - Demotions.

Section 36-4-36. - Disciplinary suspensions.

Section 36-4-37. - Layoffs — Preference for retention or reemployment.

Section 36-4-38. - Dismissal.

Section 36-4-39. - Retirement or transfer to light duty.

Section 36-4-40. - Appeal from administrator to administrator of adjudication.

Section 36-4-40.1. - Administrator of adjudication — Duties.

Section 36-4-40.2. - Hearings — Appeals.

Section 36-4-41. - Appeal from administrator of adjudication to appeal board.

Section 36-4-42. - Appeal from appointing authority to appeal board.

Section 36-4-43. - Conditions of service.

Section 36-4-44. - Training programs.

Section 36-4-45. - Repealed.

Section 36-4-46. - Reports of changes in status of employees.

Section 36-4-47. - Personnel roster and records — Tabulation and analysis of data.

Section 36-4-48. - Certification of payrolls and accounts.

Section 36-4-49. - Recovery of unlawful payments.

Section 36-4-50. - Merit as basis — Discrimination prohibited.

Section 36-4-50.1. - Certification of select positions.

Section 36-4-51. - Running for elective office by classified employee. [Effective until January 1, 2023.]

Section 36-4-52. - Restrictions on political activities of classified employees.

Section 36-4-53. - Solicitation of political contributions.

Section 36-4-54. - Promise of influence to obtain favors in classified service.

Section 36-4-55 - — 36-4-55.2. Repealed.

Section 36-4-56. - Penalties for violations.

Section 36-4-57. - Compliance with federal standards.

Section 36-4-58. - Severability.

Section 36-4-59. - Tenure in state service.

Section 36-4-60. - Delegation by appointing authority.

Section 36-4-61. - Persons with disabilities — Special list of eligibles.

Section 36-4-62. - Pay incentive program.

Section 36-4-63. - Sick leave and other leave — Effect of discharging upon overtime work and overtime compensation.

Section 36-4-64. - Sick leave — Workers’ compensation.

Section 36-4-65. - Longevity benefits — Department of elementary and secondary education — Legislature.