N.Y. CVS Law § 50 — New York Code / Act CVS / Article 4 / Title A / Section 50
Examinations generally
Status: in_force

§ 50. Examinations generally. 1. Positions subject to competitive\nexaminations. The merit and fitness of applicants for positions which\nare classified in the competitive class shall be ascertained by such\nexaminations as may be prescribed by the state civil service department\nor the municipal commission having jurisdiction.\n  2. Announcement of examination. (a) The state civil service department\nand municipal commissions shall issue an announcement of each\ncompetitive examination, setting forth the minimum qualifications\nrequired, the subjects of the examination, and such other information as\nthey may deem necessary, and shall advertise and promote such\nexamination in such manner as the nature of the examination may require.\nSuch announcement and advertisement shall each inform prospective\napplicants of the options for religious observance provided in\nsubdivision eight of this section.\n  (b) In addition to any announcement required by paragraph (a) of this\nsubdivision, the department and municipal commissions shall provide\nnotice of each competitive examination to the following entities if the\nentity is located within the same geographic area as the department or\ncommission: board of cooperative educational services (BOCES), school\ndistricts, public colleges, public universities, local social services\ndistricts, and, to the extent practicable, job training programs. In\naddition, the department and each municipal commission shall allow any\nsuch entity to sign up to be notified electronically when an\nannouncement is issued.\n  3. Application for examination. The civil service department and\nmunicipal commissions shall require prospective applicants to file,\nduring a prescribed time, a formal application in which the applicant\nshall state such information as may reasonably be required touching upon\nhis background, experience and qualifications for the position sought,\nand his merit and fitness for the public service. The application shall\nbe subscribed by the applicant and shall contain an affirmation by him\nthat the statements therein are true under the penalties of perjury.\nBlank forms for such application shall be furnished by said department\nand such municipal commissions without charge to all persons requesting\nthe same. The department and such municipal commissions may require in\nconnection with such application such certificates of citizens,\nphysicians, public officers or others having knowledge of the applicant,\nas the good of the service may require.\n  4. Disqualification of applicants or eligibles. The state civil\nservice department and municipal commissions may refuse to examine an\napplicant, or after examination to certify an eligible\n  (a) who is found to lack any of the established requirements for\nadmission to the examination or for appointment to the position for\nwhich he applies; or\n  (b) who is found to have a disability which renders him or her unfit\nto perform in a reasonable manner the duties of the position in which he\nor she seeks employment, or which may reasonably be expected to render\nhim or her unfit to continue to perform in a reasonable manner the\nduties of such position; or\n  (d) who has been guilty of a crime; or\n  (e) who has been dismissed from a permanent position in the public\nservice upon stated written charges of incompetency or misconduct, after\nan opportunity to answer such charges in writing, or who has resigned\nfrom, or whose service has otherwise been terminated in, a permanent or\ntemporary position in the public service, where it is found after\nappropriate investigation or inquiry that such resignation or\ntermination resulted from his incompetency or misconduct, provided, that\nin cases of dismissal, resignation or termination after written charges\nof incompetency, the examination or certification in question be for a\nposition that requires the performance of a duty or duties which are the\nsame as or similar to the duty or duties of the position from which the\napplicant has been dismissed, resigned or terminated on account of\nincompetency; or\n  (f) who has intentionally made a false statement of any material fact\nin his application; or\n  (g) who has practiced, or attempted to practice, any deception or\nfraud in his application, in his examination, or in securing his\neligibility or appointment; or\n  (h) who has been dismissed from private employments because of\nhabitually poor performance.\n  No person shall be disqualified pursuant to this subdivision unless he\nhas been given a written statement of the reasons therefor and afforded\nan opportunity to make an explanation and to submit facts in opposition\nto such disqualification.\n  Notwithstanding the provisions of this subdivision or any other law,\nthe state civil service department or appropriate municipal commission\nmay investigate the qualifications and background of an eligible after\nhe has been appointed from the list, and upon finding facts which if\nknown prior to appointment, would have warranted his disqualification,\nor upon a finding of illegality, irregularity or fraud of a substantial\nnature in his application, examination or appointment, may revoke such\neligible's certification and appointment and direct that his employment\nbe terminated, provided, however, that no such certification shall be\nrevoked or appointment terminated more than three years after it is\nmade, except in the case of fraud.\n  In connection with their lawful responsibilities or functions under\nparagraph (d) of this subdivision, the department and appropriate\nmunicipal commissions may require applicants to undergo a state and a\nnational criminal history record check. When required, the fingerprints\nof such an applicant shall be submitted to the division of criminal\njustice services and the division of criminal justice services is\nauthorized to submit such fingerprints to the federal bureau of\ninvestigation, in accordance with applicable rules or regulations\npromulgated by such entities, in order to obtain relevant state criminal\nhistory record information, if any, concerning such applicant and for a\nnational criminal history record check. The department and municipal\ncommissions shall ensure that adequate notice be provided to applicants\nregarding the fact that state and national criminal history record\nchecks may be conducted, and the procedures therefor. Provided, however,\nthat the provisions of this section shall not apply to (1) any current\nemployee; or (2) a person who is considered an applicant by reason of\n(a) a transfer pursuant to section seventy of this chapter; or (b) a\nperson who is on a preferred list subject to section eighty-one of this\nchapter; or (c) a person whose name is on an eligible list as defined in\nsection fifty-six of this article and who has successfully completed a\npromotion exam subject to section fifty-two of this article.\n  5. Application fees. (a) Every applicant for examination for a\nposition in the competitive or non-competitive class, or in the labor\nclass when examination for appointment is required, shall pay a fee to\nthe civil service department or appropriate municipal commission at a\ntime determined by it. Such fees shall be dependent on the minimum\nannual salary announced for the position, as follows: (1) on salaries of\nless than three thousand dollars per annum, a fee of two dollars; (2) on\nsalaries of more than three thousand dollars and not more than four\nthousand dollars per annum, a fee of three dollars; (3) on salaries of\nmore than four thousand dollars and not more than five thousand dollars\nper annum, a fee of four dollars; and (4) on salaries of more than five\nthousand dollars per annum, a fee of five dollars. If the compensation\nof a position is fixed on any basis other than an annual salary rate,\nthe applicant shall pay a fee based on the annual compensation which\nwould otherwise be payable in such position if the services were\nrequired on a full time annual basis for the number of hours per day and\ndays per week established by law or administrative rule or order. Fees\npaid hereunder by an applicant whose application is not approved may be\nrefunded in the discretion of the state civil service department or of\nthe appropriate municipal commission.\n  * (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the state civil service department, subject to the approval\nof the director of the budget, a municipal commission, subject to the\napproval of the governing board or body of the city or county, as the\ncase may be, or a regional commission or personnel officer, pursuant to\ngovernmental agreement, may elect to waive application fees, or to\nabolish fees for specific classes of positions or types of examinations\nor candidates, or to establish a uniform schedule of reasonable fees\ndifferent from those prescribed in paragraph (a) of this subdivision,\nspecifying in such schedule the classes of positions or types of\nexaminations or candidates to which such fees shall apply; provided,\nhowever, that fees shall be waived for candidates who certify to the\nstate civil service department, a municipal commission or a regional\ncommission that they are unemployed and primarily responsible for the\nsupport of a household, or are receiving public assistance. Provided\nfurther, the state civil service department shall waive the state\napplication fee for examinations for original appointment for all\nveterans. Provided further, the state civil service department shall,\nand a municipal commission may, subject to the approval of the governing\nboard or body of the city or county, as the case may be, or a regional\ncommission or personnel officer, pursuant to governmental agreement,\nwaive application fees for all examinations held between July first, two\nthousand twenty-three and December thirty-first, two thousand\ntwenty-seven. Notwithstanding any other provision of law, for purposes\nof this section, the term "veteran" shall mean a person who has served\nin the armed forces of the United States or the reserves thereof, or in\nthe army national guard, air national guard, New York guard, or the New\nYork naval militia, and who (1) has been honorably discharged or\nreleased from such service under honorable conditions, or (2) has a\nqualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or (3) is a discharged LGBT veteran, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable from such service. The\nterm "armed forces" shall mean the army, navy, air force, space force,\nmarine corps, and coast guard.\n  * NB Effective until December 31, 2027\n  * (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the state civil service department, subject to the approval\nof the director of the budget, a municipal commission, subject to the\napproval of the governing board or body of the city or county, as the\ncase may be, or a regional commission or personnel officer, pursuant to\ngovernmental agreement, may elect to waive application fees, or to\nabolish fees for specific classes of positions or types of examinations\nor candidates, or to establish a uniform schedule of reasonable fees\ndifferent from those prescribed in paragraph (a) of this subdivision,\nspecifying in such schedule the classes of positions or types of\nexaminations or candidates to which such fees shall apply; provided,\nhowever, that fees shall be waived for candidates who certify to the\nstate civil service department, a municipal commission or a regional\ncommission that they are unemployed and primarily responsible for the\nsupport of a household, or are receiving public assistance. Provided\nfurther, the state civil service department shall waive the state\napplication fee for examinations for original appointment for all\nveterans. Notwithstanding any other provision of law, for purposes of\nthis section, the term "veteran" shall mean a person who has served in\nthe armed forces of the United States or the reserves thereof, or in the\narmy national guard, air national guard, New York guard, or the New York\nnaval militia, and who (1) has been honorably discharged or released\nfrom such service under honorable conditions, or (2) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (3) is a discharged LGBT veteran, as defined in section\none of the veterans' services law, and has received a discharge other\nthan bad conduct or dishonorable from such service. The term "armed\nforces" shall mean the army, navy, air force, space force, marine corps,\nand coast guard.\n  * NB Effective December 31, 2027\n  (c) All fees collected hereunder by the state civil service\ndepartment, except as hereinafter provided, shall be paid into the state\ntreasury in the manner prescribed by the state finance law. Fees\ncollected from applicants for examinations given exclusively for\npositions in the division of employment in the department of labor shall\nbe held in trust until such time as the costs of such examinations have\nbeen ascertained and thereupon shall be disbursed as follows: (1) to the\nextent that such fees are sufficient therefor, there shall be paid into\nthe unemployment administration fund maintained under the unemployment\ninsurance law, an amount equal to the costs of such examinations. Such\npayments shall be made on the fifth day of the month following the month\nin which such costs were ascertained and shall be accompanied by a\ndetailed, verified statement and a duplicate of such statement shall be\nfiled on the same day with the state comptroller; (2) the balance, if\nany, of such fees shall be paid into the state treasury pursuant to the\nstate finance law.\n  (d) All fees collected hereunder by any municipal civil service\ncommission shall be paid into the general fund of the municipality for\nwhich such commission has been appointed.\n  5-a. Location of examinations. (a) The state civil service department\nshall offer examinations at any location or locations that it deems\nsuitable.\n  (b) The state civil service department shall make efforts to utilize\nstate university of New York educational opportunity centers when\nselecting testing sites.\n  6. Scope of examinations. Examinations shall be practical in their\ncharacter and shall relate to those matters which will fairly test the\nrelative capacity and fitness of the persons examined to discharge the\nduties of that service into which they seek to be appointed. The state\ncivil service department or appropriate municipal commission, as the\ncase may be, may establish an eligible list on the basis of ratings\nreceived by the candidates in the competitive portions of the\nexamination and thereafter conduct medical, physical and other\nappropriate non-competitive qualifying tests from time to time as the\nneed for certifications from the eligible list may require. Beginning in\ntwo thousand twenty-five, the state civil service department shall\nreview and update the questions contained within the examination, as\ndeemed appropriate by the department, no less than every five years.\nNothing in this section shall prohibit the state civil service\ndepartment from reviewing or updating the examinations prior to the\nscheduled update, as the department deems appropriate.\n  7. Court review of examination questions and answers. Where the state\ncivil service commission or appropriate municipal civil service\ncommission has, following its duly established review procedures, which\nin the case of the city of New York are set forth in section fifty-a of\nthis chapter, made a final determination as to the answers that are\nacceptable on a particular examination, such determination shall not be\nsubject to further review in any court. Court review shall be limited to\nbe a determination of whether such duly established review procedures\nwere followed, and the court shall have no authority to determine\nwhether the commission's determination was correct.\n  8. Limitation of eligibility to one sex. The state civil service\ndepartment or the municipal commission having jurisdiction may limit\neligibility for examination to one sex when the duties of the position\ninvolved relate to the institutional or other custody or care of persons\nof the same sex, or visitation, inspection or work of any kind the\nnature of which requires sex selection.\n  9. Examination of candidates unable to attend tests because of\nreligious observance. A person who, because of his religious beliefs, is\nunable to attend and take an examination scheduled to be held by the\nstate department of civil service or a municipal commission on a\nSaturday or on a day which is a religious holiday observed by him, shall\nbe permitted to take such examination on some other day designated by\nthe state department of civil service or appropriate municipal\ncommission, at a reasonably comparable time and place without any\nadditional fee or penalty.\n  10. The term "disability" as used in this section, shall be defined as\nsuch term is defined in section two hundred ninety-two of the executive\nlaw. Determination of disability shall be made by a medical officer\nemployed or selected by the civil service department or the municipal\ncommission having jurisdiction.\n  11. Unlawful acts in respect to examinations administered pursuant to\nthis chapter. A person who shall:\n  (a) Impersonate, or attempt to or offer to impersonate, another person\nin taking an examination held pursuant to this chapter; or\n  (b) Take, or attempt to take or offer to take such an examination in\nthe name of any other person; or\n  (c) Procure or attempt to procure any other person to falsely\nimpersonate him or her or to take, or attempt to take or offer to take,\nany such examination in his or her name; or\n  (d) Have in his or her possession any questions or answers relating to\nany such examination, or copies of such questions or answers, unless\nsuch possession is duly authorized by the appropriate authorities; or\n  (e) Sell or offer to sell questions or answers prepared for use in any\nsuch examination; or\n  (f) Use in any such examination any questions or answers secured prior\nto the administration of the examination or secure the questions or\nsecure or prepare the answers to the examination questions prior to the\nadministration of the examination, unless duly authorized to do so by\nthe appropriate authorities; or\n  (g) Disclose or transmit to any person the questions or answers to\nsuch examination prior to its administration, or destroy, falsify or\nconceal the records or results of such examination from the appropriate\nauthorities to whom such records are required to be transmitted in\naccordance with this chapter, unless duly authorized to do so by the\nappropriate authorities;\nshall be guilty of a class A misdemeanor punishable by a sentence of\nimprisonment of six months or a fine of one thousand dollars, or both.\nAdditionally, a person who is found by the state civil service\ndepartment or municipal commission to have violated this section shall\nbe disqualified from appointment to the position for which the\nexamination is being held and may be disqualified from being a candidate\nfor any civil service examination for a period of five years.\n