8-30-302 - Promotion and entrance tests.

8-30-302. Promotion and entrance tests.

(a)  The commissioner shall, from time to time, conduct such promotion tests and entrance tests as the commissioner considers necessary for the purpose of establishing promotion lists and employment lists. The tests shall be competitive and shall be of such character as to determine the qualifications, fitness and ability of the persons tested to perform the duties of the class of positions for which a list is to be established. They may be written, oral, physical, or in the form of a demonstration of skill, or any combination of such types. The tests may take into consideration such factors, including education, experience, aptitude, capacity, knowledge, character, physical fitness and other qualifications as, in the judgment of the commissioner, enter into the determination of the relative fitness of the applicant. No question shall be so framed as to elicit information concerning the political or religious opinions or affiliations of an applicant.

(b)  The commissioner may substitute a working test period in lieu of a written examination for any handicapped applicant who has been certified as unable to take such a test by the division of vocational rehabilitation or the division of services for the blind in the department of human services. Such test period shall be during the period of such employee's original probationary period, including any extensions thereof.

(c)  For those career service positions which do not require an examination, the commissioner shall rate all such applications based upon the applicant's education, experience and such other merit factors as the commissioner deems appropriate. Each applicant whose application is rated by the commissioner shall be notified in writing of such rating by the commissioner within ninety (90) days of the date of receipt of the application.

[Acts 1939, ch. 221, § 16; C. Supp. 1950, § 1034.38 (Williams, § 423.24p); impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, §§ 2, 4; T.C.A. (orig. ed.), § 8-3202; Acts 1981, ch. 430, § 1; 1986, ch. 869, § 5.]