Vacancies and Reassignments. A vacancy is defined as a permanent position in the classified service which an Agency determines to fill. Also, a vacancy is not created by reallocation/work training appointment, unless the incumbent fails to hold the necessary license, certification or registration for appointment to the new class. Prior to posting a vacancy pursuant to Section 2, the Agency may permanently reassign an employee to avoid layoff, as provided in Article 13, Section 5. The Agency may also permanently reassign an employee to a vacancy in the same classification and employment condition and within thirty-five (35) miles (in Mn/DOT, within the same Office, District or the Metro Division except that employees cannot be involuntarily reassigned over thirty-five (35) miles). Whenever possible, an effort should be made to solicit the interest of employees eligible for the reassignment. The vacancy remaining following such reassignments shall be posted pursuant to Section
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