2023 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. (a) 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.
(b) In addition to any announcement required by paragraph (a) of  this
subdivision,  the  department  and  municipal  commissions shall provide
notice of each competitive examination to the following entities if  the
entity  is  located within the same geographic area as the department or
commission: board of cooperative educational  services  (BOCES),  school
districts,  public  colleges, public universities, local social services
districts, and, to the extent practicable,  job  training  programs.  In
addition,  the  department and each municipal commission shall allow any
such  entity  to  sign  up  to  be  notified  electronically   when   an
announcement is issued.
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. Provided further, the state civil  service  department  shall,
and a municipal commission may, 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,
waive application fees for all examinations held between July first, two
thousand   twenty-three   and   December   thirty-first,   two  thousand
twenty-five. 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 one of the veterans' services 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
one  of  the  veterans' services 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.
* NB Effective until December 31, 2025
* (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 one of the veterans' services 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
one of the veterans' services 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.
* NB Effective December 31, 2025
(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.