Section 31IAC5-2-8. Underfilling positions in absence of qualified applicants

   (a) The appointing authority may underfill a position. The underfilling employee must be qualified for the class to which he or she is appointed, which shall be in the same job category as the vacant position.

  (b) A position that is allocated to a classification that requires admission to practice law in Indiana may be underfilled by a:

(1) student, actively enrolled in an American Bar Association approved law school; or

(2) person whose application for admission is pending.

However, an employee underfilling such a position must be admitted to the legal profession as a prerequisite to being appointed to the classification that requires admission to practice law in Indiana. Engaging in the practice of law, prior to admission to the bar of the Indiana supreme court, is prohibited. (State Personnel Department; 31 IAC 5-2-8; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA)