New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 6 - Enforcement; Prohibitions › Section 6.1 - Certification for payment for services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Certifications. In order to provide for the payment of salary or compensation
				to officers and employees on any regular scheduled payday, the appointing
				authority shall furnish to the Civil Service Department, on prescribed forms,
				at least five days before the same is required by the appropriate fiscal or
				disbursing officer, the names of the persons to be paid, the title of the
				position held or kind of service performed by each, the rate of compensation,
				and such other information as the Civil Service Department may require. Such
				appointing officer shall certify that the persons named are employed in the
				performance of duties appropriate to their respective positions and employments
				as indicated. The Civil Service Department shall examine such forms; and if it
				finds that the persons names therein are employed in accordance with law, and
				rules made pursuant to law, it shall so certify. The Civil Service Department
				thereafter shall transmit such forms to the appropriate fiscal or disbursing
				officer for further audit and payment as required by law.
(b) Extended certifications. The Civil
				Service Department may certify the employment of a person for a limited or
				extended period. No further certification shall be necessary for the payment of
				compensation to any such person so long as his status remains unchanged during
				the stated limited period, if any, of his employment. The Civil Service
				Department, however, may at any time examine the payroll of any department,
				agency or authority for any period, and shall examine such a payroll at least
				once each year to determine that all persons employed in such department,
				agency or authority are employed in accordance with the Civil Service Law and
				rules. Nothing in this section shall be construed to prevent or preclude the
				Civil Service Department from terminating or rescinding a certification at any
				time by giving notice thereof to the appropriate fiscal or disbursing
				officer.
(c) Temporary
				certifications. When the name of any person is first submitted for
				certification following his appointment, reinstatement, promotion, transfer, or
				other change in status, and the Civil Service Department requires further
				information or time to enable it to make a final determination thereon, the
				department may certify such person temporarily pending such final
				determination. In such event the department shall immediately request the
				necessary additional information from the appointing authority, who shall
				furnish the same forthwith. If such information is not furnished promptly, or
				if the Civil Service Department finds, following receipt of such information,
				that the employment of such person is not in accordance with the law and rules,
				the department shall immediately terminate such certification by notice to the
				appropriate fiscal or disbursing officer.
(d) Refusal or termination of certification.
				Upon satisfactory evidence of intention to evade the provisions of the law or
				this Chapter in assigning any employee to perform duties other than those for
				which he was examined and certified or under any title not appropriate to the
				duties to be performed, the Department of Civil Service shall refuse
				certification or shall terminate a certification previously made and then in
				force.