Except as provided in section 25.14 of this Part, vacancies in positions in the competitive class shall be filled, as far as practicable, by promotion from among persons holding, at the time of the examination for promotion or at the time of appointment, competitive class positions on a permanent basis in a lower title in the promotion unit in which the vacancy exists, provided that such lower-titled positions are in direct line of promotion, as determined by the Chief Administrator of the Courts; except that where the Chief Administrator determines that it is impracticable or against the public interest to limit eligibility for promotion to persons holding lower-titled positions in direct line of promotion, the Chief Administrator may extend eligibility for promotion to persons holding competitive class positions in lower titles which the Chief Administrator determines to be in related or collateral lines of promotion, or in any comparable positions in the Unified Court System. The Chief Administrator may prescribe minimum training and experience qualifications for eligibility to take a promotion examination and for promotion.

Promotion shall be based on merit and fitness as determined by examination, due weight being given to seniority. The previous training and experience of the candidates, and performance ratings where available, may be considered and given due weight as factors in determining the relative merit and fitness of candidates for promotion.

Any employee who has been suspended from his or her position through no fault of his or her own and whose name is on a preferred list, and any employee on leave of absence from his or her position, shall be allowed to compete in a promotion examination for which he or she would otherwise be eligible on the basis of his or her actual service before suspension or leave of absence.

Promotion examinations may be held for such subdivisions of the Unified Court System as the Chief Administrator may determine to be appropriate promotion units. No general promotion eligible list shall be certified for any promotion unit until after the promotion unit eligible list for that promotion unit has been exhausted.

No person shall be promoted to a position or title for which there is required an examination involving essential tests or qualifications different from or higher than those required for the position or title held by such person unless he or she has passed the examination and is eligible for appointment to such higher position or title.

No credit in a promotion examination shall be granted to any person for any time served as a provisional appointee in the position to which promotion is sought or in any similar position; provided, however, such provisional appointee by reason of such provisional appointment shall receive credit in his or her permanent position from which promotion is sought for such time served in such provisional appointment.

Notwithstanding any other provision in this Part, the Chief Administrator of the Courts may, for designated titles:

An employee holding a permanent position in the competitive class who accepts an appointment or promotion to a position in the noncompetitive or exempt class, and to any successive positions in either of those classes, shall be eligible to return to his or her former competitive class position, in the manner provided herein, upon termination of employment in the noncompetitive or exempt position for reasons other than misconduct or incompetency. Upon such termination, and upon request, the name of the employee shall be placed on a preferred list for his or her former position pursuant to section 25.31 of this Part, and the employee shall be eligible for reinstatement from such preferred list for a period of four years.