reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 3 - BANKING › Supervisory Policies and Procedures › Mortgage Banks › Supervisory Procedure 110 - Application for a Change in Control of a Mortgage Loan Servicer › Section 110.3 - Change of control application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application requirements. Each applicant
				  for approval of a change of control of an MLS shall submit the following
				  documents as part of its application:
(1) A
				  completed application form, in the form prescribed by the superintendent, a
				  copy of which is available on the department's website, which application shall
				  be attested to by the applicant.
(2) Fingerprint cards with fingerprint
				  certification, which shall be submitted to the address specified in section
				  110.2  of this
				  Supervisory Procedure.
(3) The
				  prescribed fees, which shall be submitted electronically together with the
				  application. A schedule of fees and a list of acceptable forms of payment shall
				  be available at the department's website set forth in section
				  1.1  of
				  Supervisory Policy G 1 of this Title. The fees shall consist of:
(i) an investigation fee in the amount, if
				  any, specified in section 18-a 
				  of the Banking Law;
(ii)
				  fingerprint processing fees collected by the State Division of Criminal Justice
				  Services and/or the NMLSR; and
(iii) a processing fee charged by the NMLSR.
If the application is denied or withdrawn, none of these
					 fees will be refunded.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 1 - Debt Collection by ThIrd-party Debt Collectors and Debt Buyers › Section 1.1 - Application of rules

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise specified in any particular rule, these
				  rules shall apply to positions and employments in the classified service of the
				  State and public authorities, public benefit corporations and other agencies
				  for which the Civil Service Law is administered by the State Department of
				  Civil Service.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 1 - Debt Collection by ThIrd-party Debt Collectors and Debt Buyers › Section 1.2 - Required initial disclosures by debt collectors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within five days after the initial
				communication with a consumer in connection with the collection of any debt, a
				debt collector shall, unless the following information is contained in the
				initial communication or the consumer has paid the debt, provide the consumer
				clear and conspicuous written notification of the consumer's rights in
				connection with the debt, including:
(1) that
				debt collectors, in accordance with the Fair Debt Collection Practices Act,
				15 U.S.C. §
											1692 et seq., are prohibited from engaging in
				abusive, deceptive, and misleading debt collection efforts, including but not
				limited to:
(i) the use or threat of
				violence;
(ii) the use of obscene
				or profane language; and
(iii)
				repeated phone calls made with the intent to annoy, abuse, or harass.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 2 - Jurisdictional Classification Of Positions › Section 2.1 - Exempt class

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Positions in
				the exempt class are those, other than unskilled labor positions, for which
				competitive or noncompetitive examinations or other qualification requirements
				are not practicable.
(b) Positions
				in the exempt class shal be listed in Appendix 1 of these rules and made a part
				hereof.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 2 - Jurisdictional Classification Of Positions › Section 2.2 - Noncompetitive class

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A position
				in the noncompetitive class may be filled by the appointment of a person who
				meets the minimum qualifications established for such position by the
				Department of Civil Service. A nomination for such an appointment shall state
				the qualifications of the nominee and shall be filed by the appointing
				authority with the Department of Civil Service, except as specified in
				subdivision (b) of this section. Such appointment shall become effective only
				upon approval by the Department of Civil Service.
(b) The president may authorize the personnel
				officer of a department or agency to pass upon the minimum qualifications of
				nominees for appointment to designated positions in the noncompetitive class in
				such department or agency.
(c)
				Positions in the noncompetitive class other than those determined to be
				positions having duties such as can be performed by physically or mentally
				handicapped persons and having as part of the position title the designation
				"§ 55-b", shall be listed in Appendix 2 of these rules and made a part
				hereof. Positions which have been designated by the Civil Service Commission as
				positions which are confidential or requiring the performance of functions
				influencing policy will be indicated in Appendix 2 with the symbol o/.
				Positions having as part of the position title the designation "§ 55-b"
				will be listed in a special roster maintained for such purpose by the
				commission, and incumbents shall be advised thereof by the appropriate
				appointing authority.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 2 - Jurisdictional Classification Of Positions › Section 2.3 - Labor class

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A position
				in the labor class may be filled by the appointment of any person selected by
				the appointing officer of the agency where a vacancy exists. Minimum
				qualifications for positions in the labor class may, where practicable, be
				established by the Department of Civil Service.
(b) Positions in the labor class shall be
				listed in the regulations of the commission.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 3 - Qualifications And Examinations › Section 3.1 - Residence requirements for state positions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where there are among residents of the
				State of New York ample numbers of qualified persons available for recruitment
				for a given class of positions in the service of the State, the Department of
				Civil Service may require applicants for competitive examination for original
				appointment to such positions to be residents of the State of New York. In such
				case, an applicant must be, at the time of examination and for at least four
				months immediately prior thereto, a resident of the State of New York and must
				be such resident at the time of certification and appointment.
(b) When certification for appointment to a
				position in the State service is to be made from among residents of a defined
				geographical area, an applicant must be, at the time of examination and for at
				least 30 days prior thereto, a resident of such geographical area in order to
				be included in any certification limited to residents of such area and must be
				such resident at the time of certification and appointment.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 3 - Qualifications And Examinations › Section 3.2 - Disqualification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Good moral
				character and habits and a satisfactory reputation shall be requirements for
				appointment to a position subject to these rules. Any applicant who is found to
				lack such requirements shall be disqualified for examination or, after
				examination, for certification and appointment.
(b) A record of disrespect for the
				requirements and processes of law, including repeated traffic offenses or
				disregard of summonses for traffic offenses, may be grounds for
				disqualification for examination or, after examination, for certification and
				appointment.
(c) The burden of
				establishing his qualifications to the satisfaction of the Civil Service
				Department shall be upon the applicant. Any applicant who refuses to permit the
				department to investigate matters necessary for the verification of his
				qualifications or who otherwise hampers, impedes or fails to cooperate with
				such department in such investigation shall be disqualified for examination or,
				after examination, for certification and appointment.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 3 - Qualifications And Examinations › Section 3.3 - Qualifications for promotion

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				order to be eligible to enter an examination for promotion or to receive
				promotion, a person must have been employed in a competitive class position on
				a permanent basis in a lower grade, either in direct line of promotion or in a
				related or collateral line of promotion as determined by the Civil Service
				Department. The department shall prescribe a minimum period of such service for
				eligibility to enter a promotion examination, and may also prescribe a minimum
				period of such service as a qualification for promotion from the resulting
				eligible list.
(b) Any person who
				is nominated for noncompetitive examination for promotion to a position and who
				fails to pass two examinations for such promotion shall not thereafter be
				eligible for employment in such position, except by appointment or promotion
				from an eligible list established following competitive examination.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 3 - Qualifications And Examinations › Section 3.4 - Ineligibility of promotion candidates for simultaneous open competitive examination

Current through Register Vol. 46, No. 28, July 10, 2024
An employee who is a candidate in a promotion examination for
				  a title unique to an agency or is a candidate in an interdepartmental promotion
				  examination shall not be eligible to enter additionally an open competitive
				  examination held at the same time for the same title.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 3 - Qualifications And Examinations › Section 3.5 - Rating of examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				subjects of an examination shall be given such relative weights as the
				president of the commission may prescribe; provided, however, that in a
				promotion examination, credit granted for seniority and for performance rating
				may be applied by the addition of points to the average scores earned by passed
				candidates in the other parts of the examination.
(b) After a candidate's rating has been
				determined, he shall be notified of such rating unless he has otherwise been
				disqualified.
(c) In an examination
				in which the number of candidates is expected to greatly exceed the number of
				existing and anticipated vacancies, the president of the commission may
				prescribe that the passing mark shall be the lowest grade received among a
				certain fixed number of the candidates graded highest in such examination or in
				any subject of such examination. Whenever the president shall determine upon
				such a passing mark in any examination or in any subject of an examination,
				notice thereof shall be set forth in the announcement of the
				examination.
(d) In examinations
				where the competition is small in relation to the number of positions to be
				filled or in examinations which prove to be unusually difficult so that an
				adequate number of eligibles cannot otherwise be obtained, the president may
				authorize the use of any type or combination of types of conversion methods,
				set forth in the regulations, in the rating of such examinations.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 3 - Qualifications And Examinations › Section 3.6 - Establishment of eligible lists

Current through Register Vol. 46, No. 28, July 10, 2024
Every candidate who attains a passing mark in an examination
				  as a whole and who meets the standards prescribed, if any, for separate
				  subjects or parts of subjects of the examination shall be eligible for
				  appointment to the position for which he was examined and his name shall be
				  entered on the eligible list in the order of his final rating; but if two or
				  more eligibles receive the same final rating in the examination, they shall be
				  ranked in accordance with such uniform, impartial procedure as may be
				  prescribed therefor by the Civil Service Department.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 4 - Appointment And Promotion › Section 4.1 - Certification of open competitive and promotion eligible lists

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Civil Service Department shall
				determine the eligible list most nearly appropriate for the position to be
				filled, and shall certify to the appointing authority a sufficient number of
				eligibles from which selection for appointment may be made. When the name of
				any eligible is included in a certification for appointment, the names of all
				other eligibles on the list having the same final rating as such eligible shall
				likewise be included in such certification.
(b) An eligible canvassed for or offered
				appointment in writing, who fails to state his or her willingness to accept
				such appointment within 10 business days after the mailing of such canvass or
				offer, or before the end of the second succeeding business day if such canvass
				or offer is made by telephone, may be considered ineligible for purposes of
				making a selection for that particular appointment.
(c) The name of any eligible who fails to
				reply to an offer of or canvass for appointment, or who fails to report for an
				interview, or who declines or indicates unwillingness to accept appointment, or
				who fails to report for work after accepting an offer of appointment, may be
				withheld from further certification from the eligible list. The name of such
				eligible may again be certified upon his own request, or upon the request of
				the appointing officer concerned, and the submission by such eligible of
				reasons satisfactory to the president for his declination or failure to reply
				or to accept appointment or to report for work.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 4 - Appointment And Promotion › Section 4.2 - Appointment and promotion

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				as otherwise provided herein, appointment or promotion to a position in the
				competitive class shall be made by the selection of a person on the appropriate
				eligible list willing to accept such appointment and whose final rating in the
				examination is equal to or higher than the rating of the third highest ranking
				eligible on the list indicating willingness to accept such appointment. The
				term ranking as used herein refers to the order in which the names of eligibles
				appear on the eligible list as provided in section
				3.5 of this Title.
(b) Whenever a vacancy exists in a
				competitive class position and an open competitive examination does not result
				in an eligible list containing the names of at least three persons willing to
				accept appointment, the Civil Service Department may permit the appointing
				authority to nominate a person for noncompetitive examination for such position
				and, if such nominee shall be certified by the Civil Service Department as
				qualified, he may be appointed to fill such vacancy; or the Civil Service
				Department may designate the eligible list, if there be one, as a continuing
				eligible list in accordance with section
				57 of the
				Civil Service Law, and insert therein the names of additional eligibles as they
				are found qualified by examinations held at such intervals as may be
				prescribed.
(c) Promotion by
				noncompetitive examination may also be made as provided by law.
(d) Certification of a promotion eligible
				list shall not be required for filling certain vacancies. A promotion eligible
				list shall not be certified for filling a permanent vacancy created by upward
				reclassification of a permanently encumbered position where promotion from such
				list would require the layoff of a permanent employee or the reassignment of a
				permanent employee to a different geographical location; but this provision
				shall not apply if the incumbent whose position was reclassified has, following
				such reclassification, twice failed to qualify for promotion to the
				reclassified position.
(e) An open
				competitive eligible list shall not be certified for filling a permanent
				vacancy created by upward reclassification of a permanently encumbered position
				if appointment from such list would require the lay-off of a permanent employee
				or the reassignment of a permanent employee to a different agency, to a
				different geographical location; but this provision shall not apply if the
				incumbent whose position was reclassified has, following such reclassification,
				twice failed to qualify for appointment to the reclassified position.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 4 - Appointment And Promotion › Section 4.3 - Trainee appointments and promotions

Current through Register Vol. 46, No. 28, July 10, 2024
The Civil Service Department may require that permanent
				  appointments or promotions to designated positions shall be conditioned upon
				  the satisfactory completion of a term of service as a trainee in such a
				  position or in an appropriate, lower, training title or the completion of
				  specified training or academic courses, or both. The period of such term of
				  training service shall be prescribed by the department. Upon the satisfactory
				  completion of such training term, and of specified courses if required, an
				  appointee shall be entitled to full permanent status in the position for which
				  appointment was made. Any appointment hereunder shall be subject to such
				  probationary period as is prescribed in these rules. Also, the employment of
				  such person may be discontinued at the end of the term of training service if
				  his conduct, capacity or fitness is not satisfactory, or at any time if he
				  fails to pursue or continue satisfactorily such training or academic courses as
				  may be required.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 4 - Appointment And Promotion › Section 4.4 - Appointment to seasonal positions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Positions in the competitive class where the nature of service is such that it
				is not continuous through out the year, but recurs in each successive year,
				except as herein otherwise provided, shall be designated as seasonal positions
				and shall be subject to the provisions of these rules applicable generally to
				positions in such class.
(b) Upon
				the expiation of the employment season, the names of all persons employed in
				such seasonal positions shall be entered upon a seasonal reemployment list in
				the order of their first appointment to the title vacated by them at the
				expiration of such employment season. Such seasonal reemployment list shall be
				certified to the appointing authority at the commencement of or during the next
				employment season, and the persons whose names appear thereon as still
				qualified shall be entitled to reemployment in such positions in the order in
				which their names appear on such list. Any such person may be reexamined by the
				department with respect to his physical fitness for the performance of the
				duties of the position, and may be disqualified for reemployment in the same
				manner and for any of the reasons applicable to the disqualification of an
				eligible on an eligible list resulting from open competitive
				examination.
(c) The name of any
				person on such list who is not reached for reemployment shall remain on such
				list and shall be certified, in the order of the date of his first appointment
				to such position during subsequent employment seasons; provided, however, that
				the eligibility for reemployment of any such person shall not continue for a
				period longer than three years from the date of his separation from such
				seasonal employment. A seasonal reemployment list shall not be deemed to be a
				preferred list as provided for in section
				81 of the
				Civil Service Law.
(d) Where a
				vacancy occurs in a full-time position having a title and duties similar to
				those of a seasonal position and for which no appropriate open competitive
				eligible list is available, it may be filled by selection from among seasonal
				employees. For that purpose, the department may certify to fill such vacancy
				the names of persons holding comparable seasonal positions in the order of
				their dates of original appointment in such positions or, if the vacancy occurs
				at a time other than during the employment season, the appropriate seasonal
				reemployment list. In such case, appointment shall be made by the selection of
				a person whose date of original appointment to the seasonal position is the
				same as or earlier than the date of original appointment of the third highest
				standing person certified who indicates willingness to accept such
				appointment.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 4 - Appointment And Promotion › Section 4.8 - Emergency appointments

Current through Register Vol. 46, No. 28, July 10, 2024
When an emergency requires that a position be filled pending
				  appointment from a list or after noncompetitive examination, the appointing
				  authority may fill the vacancy, and shall report the name of the appointee
				  forthwith to the Department of Civil Service. Such appointment shall not
				  continue longer than one month without approval of such continuance by the
				  Civil Service Department.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 4 - Appointment And Promotion › Section 4.9 - Effect of temporary appointment on eligibility for permanent appointment

Current through Register Vol. 46, No. 28, July 10, 2024
The acceptance by an eligible of a temporary appointment
				  shall not affect his standing on the eligible list for a permanent appointment,
				  nor shall the period of temporary service be counted as part of the
				  probationary service in the event of subsequent permanent
				  appointment.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 4 - Appointment And Promotion › Section 4.10 - Temporary, provisional or trainee appointment or promotion of permanent employee

Current through Register Vol. 46, No. 28, July 10, 2024
When a permanent competitive class employee is given a
				  temporary provisional or trainee appointment or promotion to another
				  competitive class position in the same department or agency, or is given a
				  trainee promotion to a position in another agency, or is promoted on a
				  temporary basis to a higher grade position in another department or agency in
				  which he will be eligible, after six months service, for contingent permanent
				  status as provided in section
				  4.11 of this Part, he shall be
				  deemed to be on leave of absence from his permanent position for the period of
				  his service under such temporary, provisional or trainee appointment or
				  promotion. He shall be entitled to return to his permanent position upon the
				  termination of such temporary, provisional or trainee service. An employee who
				  voluntarily elects to relinquish his temporary, provisional or trainee status
				  and return to his permanent position shall give reasonable notice thereof to
				  the appointing officer having jurisdiction over his permanent
				  position.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 5 - Personnel Changes › Section 5.1 - Transfers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
				conditions and limitations. In addition to the conditions and limitations pre
				scribed by statute or in other provisions of these rules, transfers shall be
				subject to the following requirements:
(1) A
				transfer may not be made to a position for which a preferred list exists
				containing the name of an eligible willing to accept reinstatement to such
				position, unless the vacancy created by such transfer is in the same
				geographical area as the position to which transfer is made and such eligible
				is simultaneously offered reinstatement to such vacancy.
(2) A transfer may be made only if the
				position to which transfer is sought is at the same or substantially the same
				or a lower salary level than the position from which transfer is
				sought.
(3) Every transfer shall
				require the consent, in writing, of the transferee and of the appointing
				authority having jurisdiction over the position to which transfer is sought,
				and the approval of the Civil Service Department.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 5 - Personnel Changes › Section 5.2 - Leaves of absence

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applicability. This section shall apply to all employees subject to the
				provisions of this Part, except employees subject to the attendance rules for
				employees in New York State depart ments and institutions, Chapter II of this
				Title as adopted October 24, 1956, and approved October 25, 1956, effective
				January 3, 1957, and as amended from time to time thereafter.
(b) Leave of absence; duration. A permanent
				employee, or an employee holding a position by permanent or temporary
				appointment who requests leave because of pregnancy or childbirth, may, in the
				discretion of the appointing authority, be granted a leave of absence from his
				position, without pay, for a period not exceeding two years. Such leave may be
				extended beyond two years, for periods aggregating not in excess of an
				additional two years, only with the approval of the Civil Service Commission.
				In an exceptional case, a further extension may be permitted by the commission
				for good cause shown and where the interests of the government would be served.
				For the purposes of this section, time spent in active service in the military
				forces of the United States or of the State of New York shall not be considered
				in computing the period of leave.
(c) Successive leaves of absence. Where a
				leave of absence without pay has been granted for a period which aggregates two
				years, or more if extended pursuant to subdivision (b) of this section, a
				further leave of absence without pay shall not be granted unless the employee
				returns to his position and serves continuously therein for six months
				immediately preceding the subsequent leave of absence.
(d) This section shall not be construed to
				authorize or require extension of any employment beyond the time at which it
				would otherwise terminate by operation of law, rule or regulation.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 5 - Personnel Changes › Section 5.3 - Resignation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Resignation in
				writing. Except as otherwise provided herein, every resignation shall be in
				writing.
(b) Effective date. If no
				effective date is specified in a resignation, it shall take effect upon
				delivery to or filing in the office of the appointing authority. If an
				effective date is specified in a resignation, it shall take effect on such
				specified date. However, if a resignation is submitted while the employee is on
				leave of absence without pay, such resignation, for the purpose of determining
				eligibility for reinstatement, shall be deemed to be effective as of the date
				of the commencement of such absence. Notwithstanding the provisions of this
				subdivision, when charges of incompetency or misconduct have been or are about
				to be filed against an employee, the appointing authority may elect to
				disregard a resignation filed by such employee and to prosecute such charges
				and, in the event that such employee is found guilty of such charges and
				dismissed from the service, his termination shall be recorded as a dismissal
				rather than as a resignation.
(c)
				Withdrawal or amendment. A resignation may not be withdrawn, cancelled or
				amended after it is delivered to the appointing authority, without the consent
				of the appointing authority.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 5 - Personnel Changes › Section 5.4 - Reinstatement following resignation

Current through Register Vol. 46, No. 28, July 10, 2024
A permanent employee who has resigned from his position may
				  be reinstated, without exami nation, within one year from the date of such
				  resignation in the position from which he resigned, if then vacant, or in any
				  vacant position to which he was eligible for transfer or reassignment. In
				  computing the one-year period within which a person may be reinstated after
				  resignation, the day the resignation takes effect, any time spent in active
				  service in the military or naval forces of the United States or of the State of
				  New York, and any time served in another position in the civil service of the
				  same governmental jurisdiction shall not be counted. In an exceptional case,
				  the commission may, for good cause shown and where the interests of the
				  government would be served, waive the provisions of this section to permit the
				  reinstatement of a person to his former position more than one year after
				  resignation. For the purpose of this section, where an employee on leave of
				  absence resigns, such resignation shall be deemed effective as of the date of
				  the commencement of such leave.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 5 - Personnel Changes › Section 5.5 - Layoff of competitive class employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions. In connection with the
				suspension, demotion and displacement of competitive class employees authorized
				by section
				80 of the
				Civil Service Law, the following terms shall mean:
(1) Vertical bumping shall mean displacement
				by a permanent incumbent of another incumbent serving in a position in a title
				in direct line of promotion as provided in subdivision 6 of section
				80 of the
				Civil Service Law.
(2) Retreat
				shall mean displacement by a permanent incumbent of another incumbent serving
				in a position in the title not in direct line of promotion in which the
				displacing incumbent served at a prior time as provided in subdivision 6 of
				section
				80 of the
				Civil Service Law.
(3) Next lower
				occupied title shall mean the title in direct line of promotion immediately
				below the title from which the incumbent is suspended or demoted, unless no one
				serves in that title in that layoff unit, in which case it shall be the closest
				lower title in direct line of promotion in that layoff unit in which one or
				more persons do serve.
(4)
				Satisfactory service shall mean service by an employee during the final rating
				period of which he did not receive an "unsatisfactory" performance rating, and
				was not found guilty of misconduct or incompetency pursuant to either section
				75 of the
				Civil Service Law or a disciplinary procedure provided by labor contract which,
				in either case, resulted in the imposition of any of the following penalties
				upon such employee:
(i) dismissal from the
				service;
(ii) suspension without
				pay for a period exceeding one month; or
(iii) demotion in grade and title.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 5 - Personnel Changes › Section 5.6 - Layoff of noncompetitive class employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions. In connection with the
				suspension, demotion and displacement of noncompetitive class employees
				authorized by section
				80-a of the
				Civil Service Law, the following terms shall mean:
(1) Retreat shall mean displacement by a
				permanent incumbent of another incumbent serving in a position in the title in
				which the displacing incumbent served at a prior time as provided in
				subdivision 4 of section
				80-a of the
				Civil Service Law.
(2) Satisfactory
				service shall mean service by an employee during the final rating period of
				which he did not receive an "unsatisfactory" performance rating and was not
				found guilty of misconduct or incompetency pursuant to either section
				75 of the
				Civil Service Law or a disciplinary procedure provided by labor contract which,
				in either case, resulted in the imposition of any of the following penalties
				upon such employee:
(i) dismissal from the
				service;
(ii) suspension without
				pay for a period exceeding one month; or
(iii) demotion in grade and title.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 5 - Personnel Changes › Section 5.8 - Placement rosters

Current through Register Vol. 46, No. 28, July 10, 2024
Where it is known or expected by a department or agency of
				  the State that permanent employees may be affected by an abolition, reduction,
				  or movement of positions to a different location, pursuant to sections
				  80 and
				  80-a of the
				  Civil Service Law, the head of such department or agency shall give notice
				  thereof to the Department of Civil Service and shall submit to such department
				  the names and titles of permanent employees expected to be affected. If a
				  placement roster is created, the following principles shall apply:
(a) vacancies in positions in any State
				department or agency for which one or more employees on such placement roster
				are eligible and willing to accept transfer or reassignment shall be filled by
				such transfer or reassignment before appointment by any means except a
				preferred list or reemployment roster;
(b) any employee in the department or unit
				for suspension or demotion wherein the abolition, reduction, or relocation of
				positions will occur who holds a position in a title which is expected to be
				affected may have his or her name added to the placement roster to receive
				transfer or reassignment to other positions in the State service, or may be
				transferred or reassigned to another position in the same department or agency
				which will not be affected by such abolition or reduction; and
(c) employees on such placement roster who
				are not so transferred or reassigned prior to the abolition, reduction or
				relocation of positions shall, upon suspension, demotion or relocation, have
				their names entered on an appropriate preferred list pursuant to the Civil
				Service Law.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 5 - Personnel Changes › Section 5.10 - Redeployment lists

Current through Register Vol. 46, No. 28, July 10, 2024
In instances where an agreement between the State of New York
				  and an employee organization provides for the establishment of a redeployment
				  list and/or other benefits as authorized by section
				  79 of the
				  Civil Service Law, the provision of said agreement shall be extended to State
				  employees who are excluded from collective negotiating units.
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 6.2 - Prohibition against questions eliciting information concerning political affiliation

Current through Register Vol. 46, No. 28, July 10, 2024
No question in any examination or application or other
				  proceeding by or under the State commission or department or their examiners
				  shall be so framed as to elicit information concerning, nor shall any other
				  attempt be made to ascertain, the political opinions or affiliations of any
				  applicant, competitor or eligible, and all disclosures thereof shall be
				  discountenanced by the commission or department and its examiners. No
				  discrimination shall be exercised, threatened or promised against or in favor
				  of any applicant, competitor or eligible because of his political opinions of
				  affiliations.
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 6.3 - Dual employment in the state service

Current through Register Vol. 46, No. 28, July 10, 2024
No officer or employee regularly employed in a position in
				  the classified service in any State department or agency shall, while
				  continuing to hold such position, accept appointment or employment in any other
				  position or title, or in any capacity whatsoever, on a full-time or part-time
				  basis, either in the classified or unclassified service, in another Sate
				  department or agency, or in the Legislature or the judiciary, for which
				  employment compensation or salary is payable, without the previous consent in
				  writing of the head of the department or agency in which he is regularly
				  employed. Such written consent shall be required, in each case, for each such
				  additional appointment or employment accepted or undertaken by such officer or
				  employee, and a copy thereof shall be filed by the head of the department or
				  agency in the office of the Comptroller. A willful violation of the provisions
				  of this section shall be deemed sufficient cause for disciplinary action,
				  including removal. This section shall not apply to the employment by the
				  Department of Civil Service of an officer or employee of another department or
				  agency of the State to act as an examiner in a civil service examination or
				  examinations or to prepare or review test questions, appeals from examination
				  ratings or other examination materials.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 7 - Rules Applicable To Local Jurisdictions Or Particular Agencies Only › Section 7.1 - Rating of examinations for positions under the jurisdiction of municipal civil service commissions

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of these rules and of the regulations of the
				  commissioner and of the department dealing with the rating of examinations
				  shall apply to any written examination prepared and rated by the department at
				  the request of a municipal commission pursuant to subdivision 2 of section
				  23 of the
				  Civil Service Law.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter I - Regulations Of The Superintendent Of Financial Services › Part 7 - Rules Applicable To Local Jurisdictions Or Particular Agencies Only › Section 7.2 - Promotional grades

Current through Register Vol. 46, No. 28, July 10, 2024
The Civil Service Department shall prescribe appropriate
				  lines of promotion and grades for promotional purposes for positions in the
				  competitive class in any agency under the jurisdiction of the department for
				  which no classification plan has been adopted. The department shall maintain a
				  record of such prescribed lines of promotion and promotional grades which shall
				  be open to inspection in the offices of the department.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 20 - General Attendance Provisions › Section 20.1 - Basic workweek

Current through Register Vol. 46, No. 28, July 10, 2024
The basic workweek for annual salaried employees of State
					 departments, agencies and institutions, other than those employed on a
					 part-time basis only and other than employees excluded from the application of
					 overtime compensation under the rules of the Director of the Budget adopted
					 pursuant to section
					 134 of the
					 Civil Service Law, shall be 40 hours; provided, however, that where a shorter
					 workweek would not interfere with the proper performance of government
					 functions an appointing authority may establish a basic workweek of not less
					 than 37 1/2 hours and five days or an authorized equivalent work schedule for
					 any employees under its appointive jurisdiction as may be designated by it with
					 the approval of the Division of the Budget; provided, however, that this Part
					 shall not be construed to increase the workweek of any employee for whom a
					 workweek of less than 40 hours is prescribed by law, rule or administrative
					 regulation as of the day preceding the effective date of this
					 Chapter.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 20 - General Attendance Provisions › Section 20.2 - Record of attendance

Current through Register Vol. 46, No. 28, July 10, 2024
Daily time records showing actual hours worked by each
					 employee shall be maintained; provided, however, that the appointing authority
					 may, with the approval of the Department of Civil Service, exempt from this
					 requirement such executives, officers and employees who do not earn overtime as
					 it may designate. Employees exempt from maintaining daily time records showing
					 actual hours worked shall maintain a daily record of absences and time and
					 leave credits earned and used in accordance with this
					 Chapter.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 20 - General Attendance Provisions › Section 20.3 - Tardiness

Current through Register Vol. 46, No. 28, July 10, 2024
The appointing authority shall establish and publish,
					 subject to the approval of the Department of Civil Service, rules and schedules
					 establishing penalties for tardiness. Such penalties shall not preclude
					 disciplinary action in cases of excessive tardiness. In the event of public
					 transportation difficulties, strikes, sever storms or floods, or similar
					 uncontrollable conditions affecting a group of employees, tardiness may be
					 excused by the appointing authority.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 20 - General Attendance Provisions › Section 20.4 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter II - Attendance Rules for Employees in New York State Departments and Institutions › Article 1 - Attendance for Nonmanagerial/confidential Employees in New York State Departments and Institutions › Part 21 - ABSENCE WITH PAY › Section 21.1 - Sundays and holidays

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  Sundays and legal holidays enumerated herein shall be allowed as days off, or
				  days shall be allowed in lieu thereof.
(b) The days prescribed by law for the
				  observance of New Year's Day, Lincoln's Birthday, Washington's Birthday,
				  Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Election
				  Day, Veterans' Day, Thanksgiving Day and Christmas Day shall be observed as
				  holidays, except when any such day falls on Saturday, in which case it shall
				  not be observed as a holiday.
(c) A
				  pass day is a day off in lieu of a Sunday on which the employee is required to
				  work. When such pass day falls on a day observed as a holiday pursuant to this
				  section, such day off shall not be charged as a pass day.