New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter A - Rules Of The Chief Judge › Part 25 - Career Service › Section 25.25 - Provisional appointments

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Provisional appointments authorized.
					 Whenever there is no appropriate eligible list available for filling a vacancy
					 in the competitive class, the appointing authority may appoint provisionally to
					 fill such vacancy a person who qualifies by noncompetitive examination until a
					 selection and appointment can be made after competitive examination. Such
					 noncompetitive examination may consist of a review and evaluation of the
					 training, experience and other qualifications of the nominee, without written,
					 oral or other performance tests.
(b) Time limitation on provisional
					 appointments. No provisional appointment shall continue for a period in excess
					 of nine months. The Chief Administrator of the Courts shall order a competitive
					 civil service examination for any position held by provisional appointment for
					 a period of one month. Such an examination shall be conducted, as soon as
					 practicable thereafter, to prevent the provisional appointment from continuing
					 for a period in excess of nine months.
(c) Termination of provisional
					 appointments. A provisional appointment to any position shall be terminated
					 within two months following the establishment of an appropriate eligible list
					 for filling vacancies in such positions; provided, however, that where there
					 are a large number of provisional appointees to be replaced by permanent
					 appointees from a newly established eligible list, and the appointing authority
					 deems that the termination of the employment of all such provisional appointees
					 within two months following establishment of such list would disrupt or impair
					 essential public services, the appointing authority may terminate the
					 employment of various numbers of such provisional appointees at stated
					 intervals; provided, however, that the employment of any such provisional
					 appointee shall not be continued longer than four months following the
					 establishment of such eligible list.
(d) Successive provisional appointments.
					 Successive provisional appointments shall not be made to the same position
					 after the expiration of the authorized period of the original provisional
					 appointment to such position; provided, however, that where an examination for
					 a position or group of positions fails to produce a list adequate to fill all
					 positions then held on a provisional basis, or where such list is exhausted
					 immediately following its establishment, a new provisional appointment may be
					 made to any such position remaining unfilled by permanent appointment, and such
					 new provisional appointment may, in the discretion of the appointing authority,
					 be given to a current or former provisional appointee in such position, except
					 that a current or former provisional appointee who becomes eligible for
					 permanent appointment to any such position shall, if he or she is then to be
					 continued in or appointed to any such position, be afforded permanent
					 appointment to such position.