An applicant or transferee to a class for which drug testing is required pursuant to Section 213 who is a current employee or a former permanent or probationary employee with a break in service as defined in Section 6.4 shall be subject to drug testing pursuant to Section 213, except that if such employee has a current appointment to a class for which drug testing is required pursuant to Section 213, he or she shall not be tested. A current or former employee subject to testing under this section is deemed to be an applicant for purposes of Sections 213.4, 213.5, and 213.6.
(a) This section pertains to and outlines administrative appeal rights only. An applicant appealing under this section shall follow the procedures in Sections 51 through 54.2.(b) An applicant disqualified as the result of failing the drug test may only appeal the disqualification on the grounds that the drug was obtained legally, or there has been a violation of test protocol or chain of custody procedures, or other irregularity that invalidates the test result. A disqualified applicant may have his/her drug test specimen retested at his/her own expense as provided in Section 213.4(i)(2) and include the results of the retesting in his/her appeal.(c) An applicant disqualified or withheld from certification as a result of disclosure of drug use or whose background investigation reveals use of a drug pursuant to Section 213.5(c) may appeal the disqualification or the withholding from certification on any grounds allowable by law.(d) an applicant who prevails upon appeal under this section will be restored to eligibility in the examination from which disqualified or restored to the eligible list from which withheld.