8-30-301 - Incumbents in newly established career positions.
8-30-301. Incumbents in newly established career positions.
(a) Persons who hold positions in the career service may, within one (1) year after the establishment of such positions as being in the career service, be given noncompetitive tests, to be prescribed by the commissioner, to determine their fitness to perform satisfactorily the duties of their positions.
(b) (1) The commissioner shall certify whether each employee so tested has met a reasonable standard of fitness qualifying such employee to retain such position, and each person so certified shall be deemed to be a regular employee.
(2) An employee who is certified not to be qualified shall be dismissed from such position within sixty (60) days after the certification, or within sixty (60) days after the establishment of a list of eligibles for such position, in accordance with the provisions of this part, unless the appointing authority concerned certifies to the commissioner that such employee has rendered satisfactory service and should be retained, although without acquiring the status of a regular employee. On the basis of the noncompetitive test, however, the commissioner may authorize the employment of any such person in another position of no higher rank in the classification plan, for which the person is found to be qualified and if the person is so employed, the person shall be deemed to be a regular employee.
[Acts 1939, ch. 221, § 8; C. Supp. 1950, § 1034.30 (Williams, § 423.24h); impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, §§ 2, 4; T.C.A. (orig. ed.), § 8-3201.]