reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 4 - New or Amended Rules; Hearings; Publication

Section 4. A new rule of the administrator and any amendment to an existing rule shall not be effective until after a public hearing relative to such change has been held by the administrator at least thirty days prior to such proposed rule change and until such change has been reviewed by the commission. Failure of the commission to reject by majority vote of all members such change within fifteen days of submission by the administrator shall authorize the administrator to issue such change. Not earlier than thirty nor later than fifteen days before such hearing the administrator shall send notice thereof to each member of the general court, to the mayor or city manager of each city and the selectmen of each town to which such rule or change relates, and shall also publish such notice in one or more newspapers. Notices of the hearing shall also be sent, within the same period, to the clerks of the several cities and towns who shall post them in the city or town halls and other conspicuous places. There shall be posted by the clerk not less than three copies of such notice in every town and not less than one per ward in each city. Such notice shall contain information as to where copies of the proposed rule or change in rule may be obtained. After the hearing provided for by this paragraph, the administrator may issue such new rule or such change in an existing rule.
The administrator, after the expiration of the review period without rejection, shall forthwith print such change and send a copy to the mayor or city manager of each city, the selectmen of each town, and to state appointing authorities to which such change relates, and to each member of the general court, and shall publish such new rule or change in rule in one or more newspapers. Such publication shall specify the effective date of such new rule or change in rule, which shall be not less than thirty days subsequent to the date of such publication.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 6 - Appointments; Requisitions

Section 6. Each appointment to a civil service position shall be made by an original appointment pursuant to the provisions of this section or by a promotional appointment pursuant to the provisions of section seven, except as otherwise provided by this chapter or other law.
Each such original appointment in the official service shall be made after certification from an eligible list established as the result of a competitive examination for which civil service employees and non-civil service employees were eligible to apply, except as otherwise provided by sections twenty-six, forty, forty-seven, fifty-six, and sixty.
An appointing authority desiring to make an original appointment in the official service shall submit a requisition to the administrator. Upon receipt of such requisition, the administrator shall certify from the eligible list sufficient names of persons for consideration of their qualifications for appointment by the appointing authority pursuant to section twenty-five and the personnel administration rules. If no suitable eligible list exists, or if the list contains the names of fewer than three persons who are qualified for appointment and willing to accept employment, the appointing authority may make a provisional appointment pursuant to sections twelve, thirteen and fourteen.
An appointing authority may requisition to fill any position by original appointment pursuant to this section, or, where a promotional appointment may be made under the civil service law and rules, it may requisition to fill a position by promotional appointment pursuant to section seven.
Any request by an appointing authority to the administrator to fill a vacancy, other than a temporary vacancy, in a permanent position shall include a statement that such position is permanent and that such vacancy is to be filled on a permanent basis.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 6a - Performance Evaluation System; Implementation

Section 6A. The administrator shall establish a program for the implementation of a performance evaluation system for all civil service employees. In the development of the performance evaluation system for municipal civil service employees the administrator shall, in conjunction with representatives of the collective bargaining units to be evaluated and the Massachusetts Municipal Association, determine their form, method and general criteria.
The administrator shall supervise the general implementation of the performance evaluation system for the commonwealth's civil service employees and in conjunction with representatives of the collective bargaining units to be evaluated, determine their form, method and general criteria. The evaluation system shall, to the maximum extent possible, evaluate on the basis of objective criteria, the job performance of each such employee, and the results of such evaluations may be utilized by the department or the appointing authority in future personnel determinations. Upon the establishment of the general format and criteria for such evaluation system, such format and criteria shall be adopted as rules by the administrator in accordance with the provisions of section four.
Such evaluation system shall include, but not be limited to, the following general provisions:
(1) All performance evaluations may be in writing or a printable electronic format and shall be maintained as part of the employee's records by the employee's appointing authority until the employee leaves civil service employment or as otherwise prescribed by the administrator.
(2) Prior to each evaluation period, the immediate supervisor shall inform the employee of the general performance dimensions and the procedures to be utilized in evaluating the employee's performance; provided, however, that the supervisor shall also inform the employee that the evaluation may be utilized by the department or the appointing authority in future personnel determinations.
(3) After the evaluation has been conducted, the immediate supervisor shall confer with the employee concerning the evaluation; provided, however, that upon completion of the employee's review of an evaluation, the employee shall acknowledge receipt of the evaluation and indicate whether the employee agrees or disagrees with the evaluation; and provided further, that upon request, the employee or, with the employee's consent, the employee's collective bargaining agent, may be provided with a copy of the evaluation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 6b - Weight of Performance Evaluation in Promotions

Section 6B. The weight given to performance evaluation in promotional decisions for civil service positions shall be determined by the administrator in conjunction with representatives of collective bargaining units containing the titles to be tested.
Following such determination but no later than fifteen days prior to the distribution of the examination notice, the administrator shall notify the participating collective bargaining representatives, in writing, of his determination as to the appropriate weight to be given to performance appraisals in the making of the promotional decision involved. This written notification shall include specific justification for the determination made and for the rejection of alternate proposals, if any.
The participating collective bargaining representatives shall have fifteen days in which to review the determination, to request review of proposed revisions, to request further consultation or to seek any combination of the foregoing. The administrator shall grant all such requests and promptly provide a written explanation of his further determination if requested by any such collective bargaining representative.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 6c - Employee Disagreement With Evaluation; Appeal

Section 6C. A civil service employee, except an employee serving during his probationary period, who receives an evaluation with which he disagrees, shall within ten days unless otherwise specified in the collective bargaining agreement, select an option of appealing the results of such evaluation through either the grievance procedure contained in the employee's respective collective bargaining agreement or through the procedures outlined in paragraphs (a) to (c), inclusive.
(a) Within ten days after the employee has reviewed the original evaluation, he may appeal the evaluation to a neutral party selected by the appointing authority to review the evaluation.
(b) Within ten days of receipt of a decision on employee's appeal outlined in paragraph (a), the employee or the employer may appeal an evaluation to a three-member panel appointed by the appointing authority, in conjunction with representatives of labor.
(c) Within ten days receipt of a decision on an appeal provided for in paragraph (b) the employer or the employee may further appeal the evaluation to the civil service commission. The commission shall, within twenty-one days after the close of such hearing or the evaluation, render a written decision and send notice thereof to all parties concerned.
Saturdays, Sundays, vacation days, and legal holidays shall not be counted in the computation of any period of time specified in this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 7 - Promotional Appointments in Official Service

Section 7. Each promotional appointment within the official service shall be made pursuant to section eight or after certification from an eligible list established as a result of one of the following types of examinations: (a) a departmental promotional examination pursuant to section nine, (b) an alternate departmental promotional examination pursuant to section ten or (c) a competitive promotional examination pursuant to section eleven, provided that promotional appointments in such police and fire forces of cities and towns as are within the official service shall be made pursuant to section fifty-nine or section sixty-five. An appointing authority desiring to make a promotional appointment shall recommend the type of examination to be utilized.
An appointing authority desiring to make a promotional appointment within the official service, other than a promotional appointment pursuant to section eight, shall, if a suitable eligible list exists, submit a requisition to the administrator. Upon receipt of such requisition the administrator shall certify from such list the names of persons eligible for such promotional appointment. If no suitable list exists, or if the list contains the names of less than three persons who are eligible for and willing to accept employment, the appointing authority may request authorization to make a provisional appointment pursuant to sections twelve, thirteen, and fourteen or a provisional promotion pursuant to section fifteen.
An appointing authority may make a temporary promotional appointment to a temporary position or to fill a temporary vacancy in a permanent position. A promotional appointment made pursuant to this paragraph shall not be deemed to interrupt the period of service in the permanent position from which such promotional appointment was made where such service is required to establish eligibility for a promotional examination.
An appointing authority may make a promotional appointment of an employee in the labor service to a position in the official service pursuant to the provisions of section thirty.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 8 - Promotional Appointments in Official Service Within Same Departmental Unit

Section 8. An appointing authority, with the approval of the administrator, may promote an employee in the official service from one title to the next higher title in the same series in the same departmental unit, subject to the following requirements: (a) such employee shall have been employed in such unit in such lower title as a permanent employee for three years or longer immediately preceding the request for approval of such promotion; (b) such employee is the first, second, or third ranking employee in length of service in such departmental unit who is willing to accept the promotion; and (c) such employee shall demonstrate, by the passing of an examination prescribed by the administrator, that he possesses the qualifications and abilities necessary to perform the duties of the higher title; provided that an employee in a departmental unit of a city, town or district who has been employed in such unit in a lower title as a permanent employee for not less than one year next preceding the date of such request may be promoted to the next higher title in the same series if there is no other employee in such lower title or any other lower title in such series who has also been so employed, and if such employee shall demonstrate, by the passing of an examination prescribed by the administrator, that he possesses the qualifications and abilities necessary to perform the duties of such higher title. The relative ranking of titles as next higher or lower shall be determined by the administrator.
In case of promotional appointments of more than one employee, the appointing authority may select from among the same number of employees with the greatest length of service as the number provided in the civil service rules governing appointments to fill more than one vacancy.
The effective date of a promotional appointment made pursuant to this section shall be the date on which the person promoted assumes the duties of the higher title, as certified by the appointing authority, following the approval of the promotion by the administrator.
The provisions of this section may be utilized to make a temporary promotional appointment to fill a temporary vacancy in a permanent position if the administrator is satisfied that such vacancy is likely to become permanent within a reasonable period of time. If a person has received such a promotional appointment, the administrator, upon the request of the appointing authority, may approve such promotional appointment on a permanent basis when the position to which the temporary promotional appointment has been made becomes permanently vacated.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 9 - Departmental Promotional Examinations

Section 9. Pursuant to the provisions of this section, an appointing authority may make a promotional appointment within a departmental unit on the basis of a departmental promotional examination. Such departmental promotional examination shall be open, until there are at least two employees in lower titles eligible to apply, only to persons who have been employed in the departmental unit as civil service employees for at least one year immediately preceding the date of the examination, who have no permanent status in such unit in a title higher than the examination title, and who have been employed in such unit as civil service employees in a title equal to that of the position for which the examination is to be held or in the next lower titles, as determined by the administrator, for at least one year at any time preceding the date of the examination.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 10 - Alternate Departmental Promotional Examinations

Section 10. An appointing authority may make a promotional appointment within a departmental unit on the basis of an alternate departmental promotional examination pursuant to this section. Eligibility to take such examination shall extend only to persons who have been employed in the departmental unit as civil service employees for at least one year immediately preceding the date of examination and who have no permanent status in such unit in a title higher than that of the position to which the promotional appointment is to be made. In addition, eligibility to take such examination shall extend only to: (1) persons who have been employed in the departmental unit as civil service employees for one year or longer at any time preceding the date of the examination in a position which the administrator determines to be directly qualifying for the position for which the examination is to be held or (2) employees who satisfy such experience or education and training requirements as the administrator determines shall be qualifying for the position for which the examination is to be held. Such experience, education or training may have been acquired within or without the departmental unit and shall be credited by the administrator only upon the presentation of evidence satisfactory to the administrator that such experience, education or training is of the length, type and quality determined by the administrator to be qualifying for the position for which the examination is to be held.
The provisions of this section may be applied, upon approval of the administrator, to competitive promotional examinations held pursuant to section eleven. The provisions of this section may also be utilized to hold promotional examinations which shall be open to eligible employees of an entire executive office, with the approval of the secretary thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 11 - Competitive Promotional Examinations

Section 11. An appointing authority may make a promotional appointment on the basis of a competitive promotional examination, pursuant to the provisions of this section, which shall be open to all permanent employees of the commonwealth, or of the city, town, or district where the promotion is to be made, as the case may be, who have been employed for at least the six months next preceding the date of said examination as civil service employees in titles determined by the administrator to be eligible titles.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 12 - Provisional Appointments

Section 12. An appointing authority may make a provisional appointment to a position in the official service with the authorization of the administrator or, if the appointing authority is a department, board, commission, institution or other agency within an executive office, with the authorization of the secretary of such office. Such authorization may be given only if no suitable eligible list exists from which certification of names may be made for such appointment or if the list contains the names of less than three persons who are eligible for and willing to accept employment and the appointing authority submits a written statement to the administrator that each person whose name was certified and who reported for an interview was interviewed and considered for appointment and states sound and sufficient reasons, satisfactory to the administrator, for not making an appointment from among such persons. A provisional appointment may be authorized pending the establishment of an eligible list. Such authorization shall be void unless exercised within two weeks after it is granted.
After authorization of a provisional appointment pursuant to the preceding paragraph, the administrator shall proceed to conduct an examination as he determines necessary and to establish an eligible list. Such examination shall be held and such eligible list shall be established within one year from the date of such authorization if the appointment must comply with federal standards for a merit system of personnel administration as a condition for receipt of federal funds by the commonwealth or any of its political subdivisions. If, as the result of such examination, no suitable eligible list is established, the administrator, upon the request of the appointing authority, may authorize an extension of the provisional appointment pending the results of another examination. Upon authorization of such an extension, the administrator shall arrange to hold a new examination forthwith and to determine the results of such examination. The eligible list resulting from such new examination shall be established within eighteen months of the determination of the results of the last previous examination, provided, however, that such new examination shall be held no later than one year from the date the last examination was held if the appointment must comply with federal standards for a merit system of personnel administration as a condition for receipt of federal funds by the commonwealth or any of its political subdivisions.
If no eligible list is established after a second examination for the same position, the administrator and the appointing authority shall confer and decide what action should be taken, such as the holding of another examination on a different basis.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 13 - Provisional Appointments; Notice; Filing

Section 13. An appointing authority, in requesting authorization to make a provisional appointment, shall file with the administrator or, if the appointing authority is a department, board, commission, institution or other agency within an executive office, with the secretary in charge of such office, a notice containing: (1) the information which the appointing authority believes is necessary to prepare and conduct an examination for the position for which such authorization is being requested, including a statement of the duties of the position, and the knowledge, skills and abilities necessary to perform such duties; (2) a proposal specifying the type of examination which should be held by the administrator; (3) a substantiation that the person proposed for the provisional appointment meets the proposed requirements for appointment to the position and possesses the knowledge, skills and abilities necessary to perform such duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 14 - Provisional Appointments; Authorization; Reports; Length of Service; Termination

Section 14. Upon receipt of the notice described in section thirteen, the administrator or the secretary in charge of the executive office, as the case may be, may authorize a provisional appointment if he determines that the contents of the notice are satisfactory. If the administrator or secretary and the appointing authority which filed the notice agree that the duties, qualifications and entrance requirements are correct as stated in the notice and if no person who meets the entrance requirements can be found for provisional appointment to the position pending the holding of an examination and the establishment of an eligible list, the position shall remain unfilled until such eligible list is established; provided, however, that if an emergency exists, and the appointing authority describes the reasons for the emergency, states that such position must be filled because of such emergency, and submits a statement which describes to the satisfaction of the administrator the steps which have been taken to find a person who meets the entrance requirements for the position, the administrator may authorize a provisional appointment of a person who does not meet such entrance requirements. Such authorization in the case of such emergency shall not constitute a finding that the person so provisionally appointed is eligible to take the examination for such position.
Each provisional appointment shall be reported by the appointing authority to the administrator. A provisional appointment may be terminated by the administrator at any time and, except as provided in the preceding paragraph, shall be terminated forthwith whenever the administrator or secretary shall determine that the person appointed does not, in fact, possess the approved qualifications or satisfy the approved requirements for the position. The administrator shall have the authority to terminate a provisional appointment which was approved by a secretary of an executive office.
Except as otherwise provided by section fifteen, no provisional employment in a position shall be authorized, approved, or continued for more than thirty days following a certification from an eligible list if such list contains the names of three persons eligible for and willing to accept appointment to such position.
A provisional appointment shall be terminated if there is a change in the nature of the employment or in the salary of the person who has been provisionally appointed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 15 - Provisional Promotions

Section 15. An appointing authority may, with the approval of the administrator or, if the appointing authority is a department, board, commission, institution or other agency within an executive office, with the approval of the secretary of such office, make a provisional promotion of a civil service employee in one title to the next higher title in the same departmental unit. Such provisional promotion may be made only if there is no suitable eligible list, or if the list contains the names of less than three persons eligible for and willing to accept employment, or if an eligible list has been established as a result of a competitive examination for an original appointment and the appointing authority requests that the position be filled by a departmental promotional examination or pursuant to section eight. No provisional promotion shall be continued after a certification by the administrator of the names of three persons eligible for and willing to accept promotion to such position.
If there is no such employee in the next lower title who is qualified for and willing to accept such a provisional promotion the administrator may authorize a provisional promotion of a permanent employee in the departmental unit without regard to title, upon submission to the administrator by the appointing authority of sound and sufficient reasons therefor, satisfactory to the administrator. If the administrator has approved the holding of a competitive promotional examination pursuant to section eleven, he may authorize the provisional promotion of a person who is eligible to take such examination, without regard to departmental unit.
A provisional promotion pursuant to this section shall not be deemed to interrupt the period of service in the position from which the provisional promotion was made where such service is required to establish eligibility for any promotional examination.
A secretary of an executive office who approves a provisional promotion pursuant to this section shall notify the administrator of each such approval. Such approval shall be made pursuant to the civil service law and rules, and such notification shall be made in such form as shall be required by the administrator. The administrator shall terminate any provisional promotion if, at any time, he determines that (1) it was made in violation of the civil service law and rules, or (2) the person provisionally promoted does not possess the qualifications or satisfy the requirements for the position. An appointing authority which makes a provisional promotion pursuant to this section shall report such promotion to the administrator.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 16 - Scope of Examinations; Marks; Appointments Based Solely on Training and Experience

Section 16. Examinations shall be conducted under the direction of the administrator, who shall determine their form, method and subject matter. Examinations shall fairly test the knowledge, skills and abilities which can be practically and reliably measured and which are actually required to perform the primary or dominant duties of the position for which the examination is held. The administrator shall, in development of examinations, consult with representatives of labor and professionals in the field to increase emphasis upon aptitudes relevant to performing the positions to be tested. Upon the application of a handicapped person to take an examination for any position, the administrator, upon written request of such person, shall make reasonable accommodations as will enable such handicapped person to take the examination.
The administrator shall, subject to the provisions of section twenty-six, where applicable, examine, qualify, and rank applicants for original or promotional appointments solely on the basis of training, experience, education or other criteria considered appropriate by the administrator (a) for a scientific or professional position for which education at or above the master's degree level is required by statute or under authority thereof; (b) when the major duty of a position is such that applicants are required to have successfully completed a course in emergency medical care pursuant to the provisions of chapter one hundred and eleven C; (c) when the major duty of a position is such that applicants are required to possess a certificate, registration or license issued after examination by a state board of registration or examiners or by a professional association specified by the administrator. A person who has taken a civil service examination pursuant to this paragraph shall not have recourse to the review procedures set forth in section twenty-two.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 17 - Persons With Bachelor's Degrees; Examination; Eligible List; Certification

Section 17. The administrator, without requisition from an appointing authority, may hold a competitive examination to establish an eligible list of persons with bachelor's degrees. Such examination shall be open to any person who, at the time of the examination, has completed, or expects to complete within nine months, a four year course leading to a bachelor's degree from an accredited college or university or who has a combination of education and experience in administrative, professional or investigative work which the administrator finds acceptable.
Names shall be placed on the eligible list established as a result of such examination in the order specified by section twenty-six. Such list shall be open to public inspection. Each applicant shall be notified promptly of his mark on the examination. Certification from such list shall be made by the administrator only to fill vacancies in offices or positions in the official service for which he determines the examination to have been appropriate. Certifications from such list to the subdivisions of the commonwealth shall be made only upon request of the appointing authority.
A person who has taken an examination pursuant to this section shall not have recourse to the review procedures set forth in section twenty-two.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 18 - Notice of Examinations for Original Appointments; Posting

Section 18. The administrator shall prepare notices of all examinations for original appointment to the official service and shall send such notices to the clerks of those cities and towns where persons are domiciled who may be eligible to apply to take such examinations. The clerks shall cause a minimum of five such notices to be posted in the city and town halls and in other conspicuous places for at least three weeks prior to the final day for the filing of applications for the examination or, if no such final day for filing is indicated, as directed by the administrator. The clerks of such cities and towns shall submit an annual report to the administrator certifying that all such notices have been posted pursuant to the requirements of this section. The administrator shall determine when such annual report shall be submitted and the specific information it shall contain concerning the time and place of posting of notices.
The administrator, on the basis of his assessment of local conditions, may require posting in addition to that required by this section or may modify the requirements of this section in some other manner. The administrator shall distribute to high schools in the commonwealth notices of examinations for original appointment to entry level positions in state service and service in political subdivisions of the commonwealth for which persons in their senior year of high school are eligible. The administrator shall cause to be posted copies of all notices required by this section in a conspicuous place at the office of the division for not less than three weeks prior to the final day for the filing of applications for the examination or, if no such final day for filing is indicated, for so long as he shall continue to accept applications for the examination.
Each notice required by this section shall state the duties, compensation, and title of and required qualifications for the position for which the examination is to be held, the time, place and manner of applying for admission to the examination, the entrance requirements, if any, and any other information which the administrator determines should be included because of its relevancy and usefulness.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 19 - Notice of Examination for Promotional Appointments; Posting

Section 19. The administrator shall prepare a notice of each competitive examination to be held for a promotional appointment in the official service. The administrator shall send copies of such notice to the appointing authority for the departmental unit in which the promotional appointment is to be made and to the appointing authority for any other departmental unit in which persons eligible to take such examination may be employed. Any appointing authority receiving such notice shall cause it to be posted in conspicuous places in the departmental unit and in each of its branch offices. Such appointing authority shall mail a copy of such notice to any eligible employee of such unit who, during the entire period of such posting, is on sick or military leave, on vacation, or off the payroll. The appointing authority shall make provision for fully informing all employees in such departmental unit of the places where such notices are posted.
Each notice required by this section shall state the duties, compensation, and title of and required qualifications for the position for which the examination is to be held, the time, place and manner of applying for admission to the examination, the entrance requirements, and any other information which the administrator determines should be included because of its relevancy and usefulness.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 20 - Applications for Examination or Registration; Fees; Requests for Information

Section 20. Each application for examination or registration pursuant to the civil service law and rules shall be made under the penalties of perjury and shall contain requests for such information as the administrator deems necessary. Each such application for a non-promotional examination shall include a fee, not exceeding ten dollars, which may be waived by the administrator, subject to the rules adopted pursuant to section four.
No applicant shall be required to furnish any information in such application with regard to: any act of waywardness or delinquency or any offense committed before the applicant reached the age of 18 years; any arrest for a misdemeanor or felony which did not result in a court appearance, unless court action is pending; any complaint which was dismissed for lack of prosecution or which resulted in a finding or verdict of not guilty; or any arrest for or disposition of any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violation, affray, or disturbance of the peace if disposition thereof occurred five years or more prior to the filing of the application.
Notwithstanding the foregoing provisions, an application for examination or registration shall contain the following question:
''Have you been convicted of a criminal offense other than drunkenness, simple assault, speeding, traffic violation, affray, or disturbance of the peace?
If yes, please indicate the date, court, offense charged and the penalty imposed.'' Each applicant shall answer such question, subject to the provisions of sections one hundred A, one hundred B and one hundred C of chapter two hundred and seventy-six.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 21 - Educational and Physical Requirements; Eligibility Based on Gender

Section 21. The administrator may establish educational requirements and alternatives thereto, in addition to the educational requirements established by statute, as prerequisites for appointment to any civil service position.
The administrator may also establish physical requirements, in addition to those established by statute and rule, as prerequisites for appointment to any civil service position; provided, however, that no applicant shall be discriminated against because he previously suffered from cancer if he is otherwise physically qualified and he signs a waiver of rights to disability benefits with respect to said cancer. The administrator may require an applicant for an original appointment to submit to physical examination prior to such appointment. The administrator may also require an applicant for a promotional appointment to submit a certificate of physical fitness signed by a physician approved by the administrator.
Any person who is unable to meet a physical requirement established by the administrator shall not be disqualified as a result of such inability from applying for and receiving an appointment to a civil service position if such person submits proof, satisfactory to the administrator, that he was injured in the performance of his duties while employed pursuant to a provisional appointment in such position, that he is unable to meet the physical requirements established by the administrator for such position solely because of such injury, and that the injury does not prevent him from performing the duties of such position. Such person shall, however, be subject to all other requirements for appointment to the position.
The administrator may limit eligibility for any examination for an original appointment to either male or female persons if the appointing authority requests such limitation in its requisition. Both male and female persons shall be presumed to be eligible for a promotional appointment to any civil service position; provided, however, that the administrator may limit such eligibility to either male or female persons if the duties and responsibilities of such position require special physical or medical standards or require custody or care of a person of a particular sex. Prior to any such limitation of appointment or promotion, the administrator shall submit in writing to the Massachusetts commission against discrimination a request for its recommendations on such proposed limitations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 22 - Passing Requirements of Examinations; Credits; Requests for Review

Section 22. The administrator shall determine the passing requirements of examinations. In any competitive examination, an applicant shall be given credit for employment or experience in the position for which the examination is held. In any examination, the applicant shall be allowed seven days after the date of such examination to file with the administrator a training and experience sheet and to receive credit for such training and experience as of the time designated by the administrator.
Except as otherwise provided by sections sixteen and seventeen, an applicant may request the administrator to conduct one or more of the following reviews relating to an examination: (1) a review of the marking of the applicant's answers to essay and multiple choice questions; (2) a review of the marking of the applicant's training and experience; (3) a review of a finding by the administrator that the applicant did not meet the entrance requirements for the examination; provided, however, that the administrator may deny such request in the case of a competitive examination for original appointment if, at the time such request is made, the administrator is currently accepting applications for a subsequent examination of the same type for the same position.
Such request for review of the marking of the applicant's answers to essay questions, of the marking of the applicant's training and experience, or of a finding that the applicant did not meet the entrance requirements for appointment to the position shall be filed with the administrator no later than seventeen days after the date of mailing by the administrator of the notice to the applicant of his mark on the examination or his failure to meet the entrance requirements for appointment to the position.
An applicant may request the administrator to conduct a review of whether an examination taken by such applicant was a fair test of the applicant's fitness actually to perform the primary or dominant duties of the position for which the examination was held, provided that such request shall be filed with the administrator no later than seven days after the date of such examination.
The administrator shall determine the form of a request for review. Each such request shall state the specific allegations on which it is based and the books or other publications relied upon to support the allegations. References to books or other publications shall include the title, author, edition, chapter and page number. Such reference shall also be accompanied by a complete quotation of that portion of the book or other publication which is being relied upon by the applicant. The administrator may require applicants to submit copies of such books or publications, or portions thereof, for his review.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 23 - Review of Examination Papers; Errors

Section 23. Within six weeks after receipt of a request pursuant to section twenty-two, the administrator shall, subject to the provisions of this section, conduct such review, render a decision, and send a copy of such decision to the applicant. If the administrator finds that an error was made in the marking of the applicant's answer to an essay question, or in the marking of the applicant's training and experience, or in the finding that the applicant did not meet the entrance requirements for appointment to the position, the administrator shall make any necessary adjustment to correct such error.
The administrator may refuse to conduct a review pursuant to this section where the grade of the applicant in any subject of the written examination is less than fifty per cent or the applicant has failed to file the request for review within the required time or in the required form.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 24 - Appeals; Petitions

Section 24. An applicant may appeal to the commission from a decision of the administrator made pursuant to section twenty-three relative to (a) the marking of the applicant's answers to essay questions; (b) a finding that the applicant did not meet the entrance requirements for appointment to the position; or (c) a finding that the examination taken by such applicant was a fair test of the applicant's fitness to actually perform the primary or dominant duties of the position for which the examination was held. Such appeal shall be filed no later than seventeen days after the date of mailing of the decision of the administrator. The commission shall determine the form of the petition for appeal, provided that the petition shall include a brief statement of the allegations presented to the administrator for review. After acceptance of such an appeal, the commission shall conduct a hearing and, within thirty days, render a decision, and send a copy of such decision to the applicant and the administrator.
The commission shall refuse to accept any petition for appeal unless the request for appeal, which was the basis for such petition, was filed in the required time and form and unless a decision on such request for review has been rendered by the administrator. In deciding an appeal pursuant to this section, the commission shall not allow credit for training or experience unless such training or experience was fully stated in the training and experience sheet filed by the applicant at the time designated by the administrator.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 27 - Appointment or Promotion; Manner of Selection

Section 27. Except as provided otherwise by section fifteen, if the administrator certifies from an eligible list the names of three persons who are qualified for and willing to accept appointment, the appointing authority, pursuant to the civil service law and rules, may appoint only from among such persons. If such eligible list contains the names of fewer than three such persons, the appointing authority may appoint from among those persons or may request authorization to make a provisional appointment pursuant to sections twelve, thirteen and fourteen.
If an appointing authority makes an original or promotional appointment from a certification of any qualified person other than the qualified person whose name appears highest, and the person whose name is highest is willing to accept such appointment, the appointing authority shall immediately file with the administrator a written statement of his reasons for appointing the person whose name was not highest. Such an appointment of a person whose name was not highest shall be effective only when such statement of reasons has been received by the administrator. The administrator shall make such statement available for public inspection at the office of the department.