(a) Unless otherwise mandated by law, appointments to positions in state civil service shall be made on the basis of the selected candidate's merit and fitness for the position.

(b) An appointing power shall assess and determine a candidate's merit and fitness for appointment to a position by his or her qualifications and performance during the selection process, which may include, but is not limited to, performance and ranking on the examination, hiring interviews, reference checks, background checks, or any other procedure that involves an assessment and comparative evaluation of the job-related qualifications of candidates and is designed and administered to hire candidates who can be successful in the position to be filled.