(1) An agency must use an external recruitment process unless the agency:

(a) fills a position through internal recruitment;

(b) fills a position with an applicant participating in the job registry;

(c) fills a position with a participant in on-the-job training, work experience, or other programs conducted under the Workforce Investment Act such as dislocated worker programs, adult and youth programs, welfare-to-work programs, Native American programs, and school-to-work programs;

(d) recalls a seasonal employee, as defined in 2-18-101 , MCA, who was selected using a competitive process;

(e) selects a short-term worker or student intern as defined in 2-18-101 , MCA. A short-term worker or student intern may be selected without going through a competitive recruitment process; or

(f) the agency fills a position with a retiree in accordance with ARM 2.21.3705.

(2) A vacancy announcement for all positions open to external recruitment must be posted with the State of Montana Employment Information web site: http://mt.gov/statejobs/statejobs.asp for at least five working days. The State of Montana Employment Information web site is maintained by the State Personnel Division, Department of Administration.

(3) Each agency must post vacancy announcements for temporary employment, as defined in 2-18-101 , MCA, or for permanent positions being filled on a temporary basis with the State of Montana Employment Information web site: http://mt.gov/statejobs/statejobs.asp unless the agency decides, on a case-by-case basis, that the position must be filled immediately or other conditions exist that make it impractical to do so.

(4) An agency may distribute vacancy announcements to appropriate recruitment sources in an endeavor to achieve a diverse workforce from all segments of society.

(5) An agency may limit external recruitment advertising to a geographic area; however, all properly completed applications received by the closing date must be considered, regardless of whether the applicant resides within that geographic area.

(6) An agency may use an applicant search service or an Internet recruitment service to accept applicants including Internet applicants for vacant positions that are opened to external recruitment.