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The 193rd General Court of the Commonwealth of Massachusetts

Section 25: Eligible lists; certification; refusal to accept employment

Section 25. The administrator shall establish, maintain and revise eligible lists of persons who have passed each examination for appointment to a position in the official service. The names of such persons shall be arranged on each such list, subject to the provisions of section twenty-six, where applicable, in the order of their marks on the examination based upon which the list is established. Each such list shall be established or revised as soon as such marks are determined by the administrator, except that if such determination is made by the use of a written examination, the establishment or revision of the list shall be completed no later than six months after the date of such examination. The administrator shall make all eligible lists available for public inspection. All persons who have taken an examination shall be notified of the results thereof not later than sixty days after the date of such examination.

If an examination is held for a position and the results are determined during the period of eligibility on a list for such position of persons who have taken a previous examination of the same type, the names of all persons who passed such examinations shall be consolidated in a single list. Eligibility of a person for placement on, and the standing of such person on, an eligible list for any position shall be determined by the results of the last examination taken by such person for such position.

Persons on an eligible list shall be eligible for certification from such list for such period as the administrator shall determine, but in any event not to exceed two years, unless one of the following exceptions applies: (1) such eligibility is extended by law because such persons are in the military or naval service; (2) the administrator is temporarily enjoined by a court order from certifying names from an eligible list, in which case eligibility of persons on such list shall be extended for a period equal to the duration of such order; or (3) no new list is established, in which case eligibility of all persons on such list shall be extended until a new list is established for the same position for which the original list was established; provided, however, that the administrator may revoke the eligibility of the entire list or of any persons on such list subsequent to said two-year period if he shall determine that the effective maintenance of the merit system so requires such revocation and, provided further, that a written notice and explanation for said revocation is sent to the clerks of the senate and house of representatives.

Following the certification of names to an appointing authority, such appointing authority shall submit a written report to the administrator indicating (a) with respect to each person whose name was certified, whether such person appeared to sign the certification, (b) whether each person who so appeared declined or expressed willingness to accept employment, and (c) each person selected for appointment. Such report shall include such verification as the administrator may require that each person willing to accept employment meets or fails to meet the entrance requirements for appointment designated by the administrator. Failure to submit such report on or prior to the date of expiration of the eligibility of a person on such list shall nullify an appointment of such person.

The name of a person which was placed on an eligible list as the result of an examination for original appointment shall be removed from such list if the person fails to respond to a notice of certification or refuses to accept permanent or temporary employment after having previously expressed willingness to accept such employment, provided that the administrator may permit the name of such person to remain on the eligible list if such person submits to the administrator, during the period of his eligibility on such list, a satisfactory explanation of such refusal or failure to respond, and provided, further, that any person whose name is certified three times from an eligible list and who refuses, in each instance, to accept employment which he had previously expressed willingness to accept shall be ineligible to have his name certified again from such list for such employment.