NY Civ Serv L § 50 (2021)
2021 New York Laws CVS - Civil Service Article 4 - Recruitment of Personnel Title A - Examinations and Eligible Lists 50 - Examinations Generally.

§ 50. Examinations  generally.  1.  Positions  subject  to competitive examinations. The merit and fitness of applicants  for  positions  which are  classified  in  the  competitive class shall be ascertained by such examinations as may be prescribed by the state civil service  department or the municipal commission having jurisdiction.   2. Announcement of examination. The state civil service department and municipal  commissions  shall  issue an announcement of each competitive examination, setting forth  the  minimum  qualifications  required,  the subjects of the examination, and such other information as they may deem necessary,  and  shall  advertise  and  promote such examination in such manner as the nature of the examination may require.  Such  announcement and  advertisement  shall  each  inform  prospective  applicants  of the options for religious observance provided in subdivision eight  of  this section.   3.  Application  for  examination.  The  civil  service department and municipal commissions shall  require  prospective  applicants  to  file, during  a  prescribed  time, a formal application in which the applicant shall state such information as may reasonably be required touching upon his background, experience and qualifications for the  position  sought, and  his merit and fitness for the public service. The application shall be subscribed by the applicant and shall contain an affirmation  by  him that  the  statements  therein  are true under the penalties of perjury. Blank forms for such application shall be furnished by  said  department and  such municipal commissions without charge to all persons requesting the same. The department and such municipal commissions may  require  in connection   with   such  application  such  certificates  of  citizens, physicians, public officers or others having knowledge of the applicant, as the good of the service may require.   4. Disqualification  of  applicants  or  eligibles.  The  state  civil service  department  and  municipal commissions may refuse to examine an applicant, or after examination to certify an eligible  (a) who is found to lack  any  of  the  established  requirements  for admission  to  the  examination  or  for appointment to the position for which he applies; or  (b) who is found to have a disability which renders him or  her  unfit to perform in a reasonable manner the duties of the position in which he or  she  seeks employment, or which may reasonably be expected to render him or her unfit to continue to  perform  in  a  reasonable  manner  the duties of such position; or  (d) who has been guilty of a crime; or  (e)  who  has  been  dismissed from a permanent position in the public service upon stated written charges of incompetency or misconduct, after an opportunity to answer such charges in writing, or  who  has  resigned from,  or whose service has otherwise been terminated in, a permanent or temporary position in the  public  service,  where  it  is  found  after appropriate   investigation   or   inquiry   that  such  resignation  or termination resulted from his incompetency or misconduct, provided, that in cases of dismissal, resignation or termination after written  charges of  incompetency,  the examination or certification in question be for a position that requires the performance of a duty or duties which are the same as or similar to the duty or duties of the position from which  the applicant  has  been  dismissed,  resigned  or  terminated on account of incompetency; or  (f) who has intentionally made a false statement of any material  fact in his application; or  (g)  who  has  practiced,  or  attempted to practice, any deception or fraud in his  application,  in  his  examination,  or  in  securing  his eligibility or appointment; or  (h)  who  has  been  dismissed  from  private  employments  because of habitually poor performance.   No person shall be disqualified pursuant to this subdivision unless he has  been given a written statement of the reasons therefor and afforded an opportunity to make an explanation and to submit facts in  opposition to such disqualification.   Notwithstanding  the  provisions of this subdivision or any other law, the state civil service department or appropriate  municipal  commission may  investigate  the qualifications and background of an eligible after he has been appointed from the list, and upon  finding  facts  which  if known  prior  to appointment, would have warranted his disqualification, or upon a finding of illegality, irregularity or fraud of a  substantial nature  in  his application, examination or appointment, may revoke such eligible's certification and appointment and direct that his  employment be  terminated,  provided,  however, that no such certification shall be revoked or appointment terminated more than  three  years  after  it  is made, except in the case of fraud.   In  connection  with  their lawful responsibilities or functions under paragraph (d)  of  this  subdivision,  the  department  and  appropriate municipal  commissions  may  require applicants to undergo a state and a national criminal history record check. When required, the  fingerprints of  such  an  applicant  shall  be submitted to the division of criminal justice services and  the  division  of  criminal  justice  services  is authorized  to  submit  such  fingerprints  to  the  federal  bureau  of investigation,  in  accordance  with  applicable  rules  or  regulations promulgated by such entities, in order to obtain relevant state criminal history  record information, if any, concerning such applicant and for a national criminal history record check.  The  department  and  municipal commissions  shall ensure that adequate notice be provided to applicants regarding the fact that  state  and  national  criminal  history  record checks may be conducted, and the procedures therefor. Provided, however, that  the  provisions of this section shall not apply to (1) any current employee; or (2) a person who is considered an applicant  by  reason  of (a)  a  transfer  pursuant  to section seventy of this chapter; or (b) a person who is on a preferred list subject to section eighty-one of  this chapter; or (c) a person whose name is on an eligible list as defined in section  fifty-six  of this article and who has successfully completed a promotion exam subject to section fifty-two of this article.   5. Application  fees.  (a)  Every  applicant  for  examination  for  a position  in  the  competitive or non-competitive class, or in the labor class when examination for appointment is required, shall pay a  fee  to the  civil  service  department or appropriate municipal commission at a time determined by it. Such fees  shall  be  dependent  on  the  minimum annual salary announced for the position, as follows: (1) on salaries of less than three thousand dollars per annum, a fee of two dollars; (2) on salaries  of  more  than  three  thousand dollars and not more than four thousand dollars per annum, a fee of three dollars; (3) on  salaries  of more  than four thousand dollars and not more than five thousand dollars per annum, a fee of four dollars; and (4) on salaries of more than  five thousand  dollars  per annum, a fee of five dollars. If the compensation of a position is fixed on any basis other than an  annual  salary  rate, the  applicant  shall  pay  a fee based on the annual compensation which would otherwise be  payable  in  such  position  if  the  services  were required on a full time annual basis for the number of hours per day and days  per  week established by law or administrative rule or order. Fees paid hereunder by an applicant whose application is not approved may  be refunded  in  the discretion of the state civil service department or of the appropriate municipal commission.  (b)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this subdivision, the state civil service department, subject to the approval of  the  director  of the budget, a municipal commission, subject to the approval of the governing board or body of the city or  county,  as  the case  may be, or a regional commission or personnel officer, pursuant to governmental agreement, may elect  to  waive  application  fees,  or  to abolish  fees for specific classes of positions or types of examinations or candidates, or to establish a uniform  schedule  of  reasonable  fees different  from  those  prescribed in paragraph (a) of this subdivision, specifying in such  schedule  the  classes  of  positions  or  types  of examinations  or  candidates  to  which such fees shall apply; provided, however, that fees shall be waived for candidates  who  certify  to  the state  civil  service  department,  a municipal commission or a regional commission that they are unemployed and primarily  responsible  for  the support  of  a  household,  or are receiving public assistance. Provided further, the state  civil  service  department  shall  waive  the  state application  fee  for  examinations  for  original  appointment  for all veterans. Notwithstanding any other provision of law,  for  purposes  of this  section,  the term "veteran" shall mean a person who has served in the armed forces of the United States or the reserves thereof, or in the army national guard, air national guard, New York guard, or the New York naval militia, and who (1) has been  honorably  discharged  or  released from  such  service  under honorable conditions, or (2) has a qualifying condition, as defined in section three hundred fifty  of  the  executive law, and has received a discharge other than bad conduct or dishonorable from  such  service,  or (3) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law,  and  has  received  a discharge  other than bad conduct or dishonorable from such service. The term "armed forces" shall mean the army, navy, air force, marine  corps, and coast guard.  (c)   All   fees  collected  hereunder  by  the  state  civil  service department, except as hereinafter provided, shall be paid into the state treasury in the  manner  prescribed  by  the  state  finance  law.  Fees collected   from  applicants  for  examinations  given  exclusively  for positions in the division of employment in the department of labor shall be held in trust until such time as the costs of such examinations  have been ascertained and thereupon shall be disbursed as follows: (1) to the extent  that such fees are sufficient therefor, there shall be paid into the unemployment administration fund maintained under  the  unemployment insurance  law,  an amount equal to the costs of such examinations. Such payments shall be made on the fifth day of the month following the month in which such costs were ascertained  and  shall  be  accompanied  by  a detailed,  verified statement and a duplicate of such statement shall be filed on the same day with the state comptroller; (2)  the  balance,  if any,  of such fees shall be paid into the state treasury pursuant to the state finance law.  (d) All fees  collected  hereunder  by  any  municipal  civil  service commission  shall  be paid into the general fund of the municipality for which such commission has been appointed.   5-a. Location of examinations. (a) The state civil service  department shall  offer  examinations  at  any  location or locations that it deems suitable.  (b) The state civil service department shall make efforts  to  utilize state  university  of  New  York  educational  opportunity  centers when selecting testing sites.   6. Scope of examinations. Examinations shall  be  practical  in  their character  and  shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to  discharge  the  duties  of  that service into which they seek to be appointed. The state civil service department or appropriate  municipal  commission,  as  the case  may  be,  may  establish  an eligible list on the basis of ratings received   by   the  candidates  in  the  competitive  portions  of  the examination  and  thereafter  conduct  medical,   physical   and   other appropriate  non-competitive  qualifying  tests from time to time as the need for certifications from the eligible list may require.   7. Court review of examination questions and answers. Where the  state civil   service   commission  or  appropriate  municipal  civil  service commission has, following its duly established review procedures,  which in  the case of the city of New York are set forth in section fifty-a of this chapter, made a final determination as  to  the  answers  that  are acceptable  on a particular examination, such determination shall not be subject to further review in any court. Court review shall be limited to be a determination of whether such duly  established  review  procedures were  followed,  and  the  court  shall  have  no authority to determine whether the commission's determination was correct.   8. Limitation of eligibility to  one  sex.  The  state  civil  service department  or  the  municipal  commission having jurisdiction may limit eligibility for examination to one sex when the duties of  the  position involved relate to the institutional or other custody or care of persons of  the  same  sex,  or  visitation,  inspection or work of any kind the nature of which requires sex selection.   9. Examination  of  candidates  unable  to  attend  tests  because  of religious observance. A person who, because of his religious beliefs, is unable  to  attend  and  take an examination scheduled to be held by the state department of  civil  service  or  a  municipal  commission  on  a Saturday or on a day which is a religious holiday observed by him, shall be  permitted  to  take such examination on some other day designated by the  state  department  of  civil  service  or   appropriate   municipal commission,  at  a  reasonably  comparable  time  and  place without any additional fee or penalty.   10. The term "disability" as used in this section, shall be defined as such term is defined in section two hundred ninety-two of the  executive law.  Determination  of  disability  shall  be made by a medical officer employed or selected by the civil service department  or  the  municipal commission having jurisdiction.   11.  Unlawful acts in respect to examinations administered pursuant to this chapter. A person who shall:  (a) Impersonate, or attempt to or offer to impersonate, another person in taking an examination held pursuant to this chapter; or  (b) Take, or attempt to take or offer to take such an  examination  in the name of any other person; or  (c)  Procure  or  attempt  to  procure  any  other  person  to falsely impersonate him or her or to take, or attempt to take or offer to  take, any such examination in his or her name; or  (d) Have in his or her possession any questions or answers relating to any  such  examination,  or  copies of such questions or answers, unless such possession is duly authorized by the appropriate authorities; or  (e) Sell or offer to sell questions or answers prepared for use in any such examination; or  (f) Use in any such examination any questions or answers secured prior to the administration of the examination  or  secure  the  questions  or secure  or prepare the answers to the examination questions prior to the administration of the examination, unless duly authorized to  do  so  by the appropriate authorities; or  (g)  Disclose  or  transmit  to any person the questions or answers to such examination prior to its administration,  or  destroy,  falsify  or  conceal  the records or results of such examination from the appropriate authorities to whom such records  are  required  to  be  transmitted  in accordance  with  this  chapter,  unless duly authorized to do so by the appropriate authorities; shall  be  guilty  of  a class A misdemeanor punishable by a sentence of imprisonment of six months or a fine of one thousand dollars,  or  both. Additionally,  a  person  who  is  found  by  the  state  civil  service department or municipal commission to have violated this  section  shall be   disqualified  from  appointment  to  the  position  for  which  the examination is being held and may be disqualified from being a candidate for any civil service examination for a period of five years.