(a)(1)  Promotional examinations shall be conducted in the same manner as open competitive examinations subject to the following conditions:

(i)  A person is eligible for promotional examination provided the employee is currently employed in the classified, unclassified, or nonclassified service as of the official closing date of the examination announcement or twenty one (21) calendar days prior to the administration of the first phase of the examination, whichever is later, and meets one or more of the following requirements:

(A)  Any employee who holds or within three (3) years has held permanent status in the classified service;

(B)  Any employee who is serving in a probationary period as of the official closing date of the examination announcement;

(C)  A minority (as currently defined in federal employment law as Blacks, Hispanics, American Indians including Alaska Natives, and Asians including Pacific Islanders) who is a qualified exam applicant seeking entry to a classification where there is a manifest imbalance in the job category; or

(D)  Any employee who has served twelve (12) months service in the classified, unclassified, or nonclassified service and, in addition, meets the minimum requirements established in the class specification.

(ii)  Promotion lists shall remain in effect for a period of three (3) years or until exhausted or until combined with or replaced by a more recently prepared list.

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(b)  This section shall not apply to the Rhode Island state police or the legislative branch of state government.

(c)  An employee who is not on the promotional list shall be eligible to take the promotional examination for the position the employee occupies.