Nmac

(2) The human resource director shall certify only the name(s) of former employees who are currently eligible for reemployment from a reduction in force per 10.12.10 NMAC. F. Temporary promotions: Employees may be temporarily promoted for a period not to exceed the department months to a temporarily or effectively vacant position for which the department certifies that the employee holds qualifications and abilities necessary for successful job performance. At the end of the temporary promotion period, employees shall return to their former position without right of appeal. G. Intra-agency transfers: An agency may transfer an employee without the employee’s consent to a position in the same classification within the same geographic location, which is 35 miles from the boundaries of the community in which the employee is employed or if the established requirements state that willingness to accept a change of geographic location is a condition of employment. H. Exempt to career appointments: Employment in the exempt service shall not count towards the probationary period required by Subsection A of 10.12.2.8 NMAC. I. Emergency appointments: Emergency appointments shall be made in accordance with 10.12.2.NMAC. J. Reduction: Employees may receive a classification reduction to a position for which the chief or human resource director certifies that the employee holds qualifications and abilities necessary for successful job performance. K. Physical examinations: The department may require physical examinations of candidates who have been selected for appointment contingent upon their meeting the prescribed physical health standards. The costs of such physical examinations shall be borne by the department. L. Human immunodeficiency virus-related (AIDS) test: The department shall not require a candidate or employee to take the human immunodeficiency virus-related (AIDS) test or disclose the results of same test as a condition of selection, promotion or continued employment unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification for the job in question. The department must adhere to the provisions of the Human Immunodeficiency Virus Test Act, Sections 24-2B-1 to 24-2B-8 NMSA 1978 Cum. Supp. 1993.