Government Code § 19057.1

(a)Except for reemployment lists and State Restriction of Appointment lists, when an appointing power seeks to fill a vacant position by using an employment list, the department shall provide the appointing power with a certified list of the names and addresses of all eligibles whose scores at the time of certification represent the three highest ranks on the list and who have indicated a willingness to accept appointment under the conditions of employment specified. When there is more than one employment list or Limited Examination and Appointment Program referral list, the department shall, pursuant to applicable law and board rules, provide a single certified list of eligibles that combines the names and addresses of all eligibles.

(b)As an alternative to

receiving a combined list of eligibles pursuant to subdivision (a), if requested by an appointing power, the department shall provide a list of eligibles that includes only the names and addresses of candidates, if any, on a Limited Examination and Appointment Program referral list and the names and addresses of candidates, if any, on any applicable reemployment or State Restriction of Appointment list or other priority list as required by law. The appointing power may use a list created pursuant to this subdivision to notify individuals listed of the opportunity to apply for the vacant position, to screen applications for candidates’ eligibility, and to hire from among those applicants whose names appear on the list. The board may adopt or amend regulations, if necessary, to ensure that the procedures described in this subdivision are implemented in a manner consistent with merit principles and Article VII of the California Constitution.

(c)For purposes of ranking, scores of eligibles on employment lists covered by this section shall be rounded to the nearest whole percent. A rank shall consist of one or more eligibles with the same whole percentage score.

If the names on the list from which certification is being made represent fewer than three ranks, then, consistent with board rules, additional eligibles may be certified from the various lists next lower in order of preference until names from three ranks appear. If there are fewer than three names available for certification, and the appointing authority does not choose to appoint from among these, the appointing authority may demand certification of three names. In that case, examinations shall be conducted until at least three names may be certified by the procedure described in this section, and the appointing authority shall fill the position by appointment of one of the persons certified.

(d)Fractional examination scores shall be provided to, and used by, the Department of the California Highway Patrol for its peace officer classes.

(e)The department may, consistent with board rules, provide for certifying more or less than three ranks when the size of the certified group is disproportionate to the number of vacancies.