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thereof, or subject to an identification of differences between employees

with respect to relevant factors concerning the employee’s ability to

perform the required duties and responsibilities satisfactorily.
(d) All employees canvassed for appointments from a promotion eligible

list who indicate a willingness to accept such appointment if offered shall
be notified in writing when an appointment is made from such eligible list

or when a determination is made not to fill the vacancy or vacancies
involved.

§45.3 Nothing contained in this Article shall diminish or alter the right of
appointing authorities to direct appropriate transfers or re-assignments, of

employees where such transfers or reassignments, in the judgment of the
appointing authority, are in the best interests of such employees or the

State, nor shall anything contained in this Article have application to
competitive class positions allocated to SG-13 and above [except Section

45.2(b)] or to temporary appointments to competitive or non-competitive
class positions for periods not exceeding six months. The failure in any

case of any appointing authority to post or distribute examination
announcements or notices of vacancies or otherwise to follow procedures

required in this Article or the failure of any person to receive such notice
or announcements or to bid on a vacancy as provided in this Article shall

not affect or operate to invalidate any appointment which otherwise
conforms to the Civil Service Law, Rules or Regulations nor shall anything

contained in this Article be construed to place appointing authorities under
any legal obligation, except as provided by Civil Service Law, Rules or

Regulations to make appointments from among persons presently

employed by the State. It is understood, however, that each appointing
authority will make every reasonable effort to comply with the distribution
or posting provisions of this Article.

§45.4 Nothing contained in this Article shall be deemed to abrogate any

existing departmental or agency procedures which provide for more
extensive or additional posting or notice provisions or to prevent any
department or agency from hereafter providing for more extensive posting

or notice provisions than are contained in this Article.

§45.5 Where rebidding is deemed appropriate, the procedures regarding
such rebidding represents an appropriate item for discussion in the

labor/management forum.

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