SECTION 703

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.

19-703 | 19-703.01 | 19-703.02 | 19-703.03 | 19-703.04 | 19-703.05


19-703 JOB VACANCY ANNOUNCEMENTS

SCOPE AND PURPOSE

This Regulation governs the announcement of vacancies in all positions in the classified service.

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19-703.01 STATEMENTS OF POLICY

  1. The Budget and Control Board designates the Office of Human Resources (OHR) to administer all policies and procedures relating to the South Carolina Code of Laws, § 8-11-120, Report of Job Vacancies. (S.C. Code Ann. § 8-11-230)

  2. Applicants selected for hiring must meet the minimum requirements of the class as established by OHR unless the State Human Resources Director has approved an equivalency. (S.C. Code Ann. § 8-11-230 (2))

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19-703.02 REPORT OF JOB VACANCIES

  1. In addition to any other requirement provided by law, when a job vacancy occurs in any state office, agency, department, or other division of the executive branch of state government, the appointing authority must post a notice with OHR of the State Budget and Control Board and the South Carolina Employment Security Commission at least five working days before employing a person to fill the vacancy.  The posting must give notice of the job vacancy, describe the duties to be performed by a person employed in that position and include any other information required by law. (S.C. Code Ann. § 8-11-120)

  2. The notification of a vacancy must include the following data:

  1. The title of the position and a summary description of the job responsibilities for the vacant position if needed for clarification;

  2. The entry salary or State salary range for the vacant position;

  3. The name of the agency where the vacant position exists;

  4. A description of the application process for the vacant position;

  5. Residency requirements, if any, for the vacant position;

  6. The class code and the position number of the vacant position;

  7. The minimum requirements for the vacant position, as well as preferred qualifications, if any:

  1. For the purpose of reporting a job vacancy, minimum requirements are the minimum training and experience requirements that are established by the agency for the vacant position. An agency’s minimum training and experience requirements shall be either the minimum requirements that OHR has established for the class or additional requirements established by the agency that are directly related to the successful performance of essential job functions as described on the position description. Any additional requirements must exceed the minimum requirements that OHR has established for the class.

  2. Preferred qualifications are defined as any other qualifications that are desirable, but not mandatory, for the performance of essential job functions upon entry into the position;

  1. The opening and closing dates for applying for the vacant position;

  2. A statement certifying that the employing agency is an equal employment opportunity/affirmative action employing agency; and

  3. The normal work schedule and whether the position is full-time or part-time. (S.C. Code Ann. § 8-11-120)

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19-703.03 INTERNAL POSTING AND DISTRIBUTION OF ANNOUNCEMENTS

The agency must notify employees where the vacancy exists. If the vacancy is a promotional opportunity that requires work experience within the agency to qualify for the promotion, notice of the vacancy must be posted for five workdays, and the notice does not have to be sent to the South Carolina Employment Security Commission or to OHR. (S.C. Code Ann. § 8-11-120)

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19-703.04 EXEMPTIONS TO POSTING JOB ANNOUNCEMENTS

  1. If an emergency situation exists requiring the vacancy to be filled immediately, certification of the emergency must be made to and approved by the agency head or his designee waiving the posting requirement at the agency and State level. (S.C. Code Ann. § 8-11-120)

  2. When an agency decides to promote an employee one organizational level above the employee’s current level, the posting requirement may be waived.

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19-703.05 FREEDOM OF INFORMATION ACT REQUESTS

A public body may, but is not required to, exempt from disclosure all materials, regardless of form, gathered by the public body during a search to fill an employment position, except that materials relating to the final pool of applicants under consideration comprised of at least three people for a position must be made available for public inspection and copying. In addition to making available for public inspection and copying the materials described in this item, the public body must disclose, upon request, the number of applicants considered for a position. For the purpose of this item, materials relating to the final pool of applicants comprised of at least three people, do not include an applicant's income tax returns, medical records, social security number, or information otherwise exempt from disclosure by § 30-4-40 of the South Carolina Code of Laws. (S.C. Code Ann. § 30-4-40)

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