reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 55 - Examination Appeals › Section 55.6 - Terms and conditions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms and conditions shall apply to every
				  examination review and appeal referred to in this Part:
(a) A candidate who has participated in an
				oral examination or an examination which contains an oral test shall be
				permitted to bring with him representatives to personally review the record of
				such examination or test; provided, however, that nothing herein shall be
				construed as permitting the use of such representatives in the review of a
				written examination or a written test. All aspects of the representation
				permitted by this subdivision shall be in accordance with the terms and
				conditions as may be prescribed by the director of examinations or his
				designee.
(b) A candidate shall be
				permitted to bring books and other references to the examination review
				center.
(c) Candidates shall be
				supplied with appropriate forms for noting their objections and exceptions and
				shall submit theses to the Civil Service Department representative at the
				review center, but shall not be permitted to copy any questions or
				answers.
(d) The identity of a
				candidate appealing from a rating key or its application to his paper shall not
				be disclosed to any person who shall advise regarding, pass judgment upon, or
				make a determination of such appeal.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 55 - Examination Appeals › Section 55.7 - Construction

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall not be held to prevent the
				  commission or the Department of Civil Service from correcting an obvious
				  clerical error at any time during the life of an eligible
				  list.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 56 - Employment Of Retirees › Section 56.1 - Approval of employment of retirees

Current through Register Vol. 46, No. 28, July 10, 2024
Approval of the employment of a retiree pursuant to section
				  211 of the Retirement and Social Security
				  Law must be secured prior to the effective date of that employment; provided,
				  however, the commission may under the following exceptional circumstances grant
				  such approval retroactively where:
(1)
				it is demonstrated that there was an intent on the part of the employing agency
				to hire the retiree pursuant to section
				211 of the Retirement and Social Security
				Law;
(2) the retiree understood
				that he was being employed pursuant to that section; and
(3) only through an error of commission or
				omission approval was not effectuated.
The burden to demonstrate such exception circumstances is
				  upon the employing agency.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 57 - Positions Classed As Laborers

Current through Register Vol. 46, No. 28, July 10, 2024
[FN*] Positions classified as laborers exempt from examination
				are listed in Appendix 3, infra.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 58 - Employment Of Handicapped Persons Pursuant To The Provisions Of Sections 55-b And 55-c › Section 58.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part:
(a) The term eligible person means a person
				certified by the employee health service as being either physically or mentally
				handicapped and capable of performing the essential duties of the position for
				which he or she is applying or is being nominated.
(b) The term appointment means the employment
				of an eligible person pursuant to section
				55-b or
				55-c of the
				Civil Service Law.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 58 - Employment Of Handicapped Persons Pursuant To The Provisions Of Sections 55-b And 55-c › Section 58.2 - Determination of eligibility for appointment to a position

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who believes himself or
				herself to be eligible for appointment pursuant to section 55-b or 55-c may
				apply to the Department of Civil Service on a form to be prescribed by the
				department.
(b) An appointing
				authority may nominate any person, who appears to be eligible, for appointment
				to a position in the competitive class pursuant to section 55-b or
				55-c.
(c) The employee health
				service of the Department of Civil Service shall make all determinations
				regarding the existence of a qualifying disability and shall, in addition,
				determine whether the person is capable of performing the essential duties of
				the position.
(d) Such person must
				additionally meet the minimum qualifications for the position being
				sought.
(e) If the employee health
				service determines that the documentation submitted is insufficient to make a
				determination as to whether or not a person is eligible, the employee health
				service may require the person to submit further evidence or to undergo a
				medical examination by an employee health service physician.
(f) If upon a review of submitted
				documentation or a medical examination the employee health service determines
				that a person is not eligible, the employee health service shall:
(1) advise the person seeking appointment
				pursuant to section 55-b or 55-c and the appointing authority, if appropriate,
				of such determination in writing within 30 days of the receipt of the requested
				documentation or medical examination, whichever occurs later; and
(2) shall advise the person in such writing
				of the reason or reasons why it did not certify him or her as eligible and of
				his or her right to appeal such determination to the Civil Service
				Commission.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 58 - Employment Of Handicapped Persons Pursuant To The Provisions Of Sections 55-b And 55-c › Section 58.3 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
A person found not eligible by the employee health service
				  may appeal that determination to the Civil Service Commission. Such appeal
				  shall be in writing and shall state the reasons why the individual believes
				  that the determination of the employee health service is incorrect. An appeal
				  must be received by the Civil Service Commission within 30 days of the date of
				  the written notice of the determination by the employee health service. The
				  commission shall consider such reasons, together with the report of the
				  employee health service, in making its determination. The commission may
				  designate a physician to examine the individual, other than the physician who
				  first examined the person. The determination of the commission as to whether
				  the person nominated for appointment pursuant to section 55-b or 55-c is
				  eligible for appointment pursuant to section
				  55-b or
				  55-c of the
				  Civil Service Law shall be a final determination within the meaning of article
				  78 of the Civil Practice Law and Rules.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 60 - Access To Personal Information › Section 60.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				responsibility and the intent of the State Civil Service Commission to comply
				fully with the provisions of article 6-A of the Public Officers Law, the
				Personal Privacy Protection Law.
(b) The commission shall maintain personal
				information in its records only if it is relevant and necessary to accomplish a
				purpose of the commission that is required by statute or executive order, or to
				implement a program specifically authorized by law.
(c) Personal information will be collected,
				whenever practicable, directly from the person to whom it pertains.
(d) The commission will seek to ensure that
				all records pertaining to or used with respect to individuals are accurate,
				relevant, timely and complete.
(e)
				These regulations provide information about the procedures by which the rights
				of access to information granted by the Personal Privacy Protection Law may be
				asserted.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 60 - Access To Personal Information › Section 60.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) The term commission means the New York
				State Civil Service Commission.
(b)
				The term department or Department of Civil Servicemeans the New York State
				Department of Civil Service.
(c)
				The term committee means the Committee on Open Government.
(d) The term data subject means any natural
				person about whom personal information has been collected by the
				commission.
(e) The term personal
				information means any information concerning a data subject which, because of
				name, number, symbol, mark or other identifier, can be used to identify the
				data subject.
(f) The term disclose
				means to reveal, release, transfer, disseminate or otherwise communicate
				personal information or records orally, in writing or by electronic or any
				means to other than the data subject.
(g) The term governmental unit means any
				governmental entity performing a governmental or proprietary function for the
				Federal government or for any state or any municipality thereof.
(h) The term law means any State or Federal
				statute, rule or regulation.
(i)
				The term record means any item, collection or grouping of personal information
				about a data subject which is maintained and is retrievable by use of the name
				or other identifier of the data subject. The term record shall not include
				personal information which is not used to make any determination about the data
				subject if it is:
(1) a telephone book or
				directory which is used exclusively for telephone and directory
				information;
(2) any card catalog,
				book or other resource material in any library;
(3) any compilation of names and addresses
				only which is used exclusively for the purpose of mailing commission
				information;
(4) personal
				information required by law to be maintained, and required by law to be used,
				only for statistical research or reporting purposes;
(5) information requested by the commission
				which is necessary to answer unsolicited requests by the data subject for
				information; or
(6) correspondence
				files.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 60 - Access To Personal Information › Section 60.3 - Personal privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The Director of Public Relations of the department is hereby designated privacy
				compliance officer and is responsible for ensuring that the commission complies
				with the provisions of the Personal Privacy Protection Law and these
				regulations and for coordinating responses to requests for records or amendment
				of records.
(b) The address and
				telephone number of the privacy compliance officer are: New York State
				Department of Civil Service, Building 1, State Campus, Albany, NY 12239, (518)
				457-6221.
(c) The Deputy Director
				of Public Relations of the department is hereby designated deputy privacy
				compliance officer. The address and telephone number of the deputy are the same
				as those of the privacy compliance officer set forth in subdivision (b) of this
				section.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 60 - Access To Personal Information › Section 60.4 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Persons who
				wish to determine whether the commission maintains records containing
				information identifiable to them may contact the privacy compliance officer,
				who will assist in identifying such records and, if appropriate, will describe
				the contents of the commission's system of records orally or in
				writing.
(b) Requests for access to
				records may be made to the privacy compliance officer in writing or orally and
				must reasonably describe the records sought. Whenever possible, the data
				subject should supply identifying information that assists the commission in
				locating the records sought. Requests will be accepted by mail, or in person,
				at the State Campus, Building 1, Albany, NY 12239 on any workday between the
				hours of 8:30 a.m. and 4:45 p.m.
(c) Within five business days of the receipt
				of a request, the commission shall either provide access to the record or deny
				access in writing explaining the reasons therefor, or acknowledge the receipt
				of the request in writing, stating the approximate date when the request will
				be granted or denied, which shall be within 30 days from the date of the
				acknowledgment.
(d) When the record
				is located, the commission shall:
(1) make the
				record available for inspection, in a printed form without codes or symbols,
				unless an accompanying document explaining such codes or symbols is also
				provided;
(2) if requested, make a
				copy available, upon payment of or offer to pay the fees authorized by section
				60.10 of this Part, or permit the
				data subject to copy the record by hand; or
(3) deny access to the record in whole or in
				part and explain in writing the reasons therefor.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 60 - Access To Personal Information › Section 60.5 - Records which are exempt from access by data subjects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records specifically prohibited by
				statute from disclosure.
(b)
				Records concerning mental disability or medical records where access is not
				otherwise required by law.
(c)
				Personal information pertaining to the incarceration of an inmate at a State
				correctional facility which is evaluative in nature or could endanger the life
				or safety of any person, unless access is otherwise permitted by law or by
				court order.
(d) Attorney's work
				product or material prepared for litigation.
(e) Public safety records.
(f) Records containing information compiled
				for law enforcement purposes which if disclosed would:
(1) interfere with law enforcement
				investigations or judicial proceedings;
(2) deprive a person of a right to a fair
				trial or impartial adjudication;
(3) identify a confidential source or
				disclose confidential information relating to a criminal investigation;
				or
(4) reveal criminal
				investigative techniques or procedures, except routine techniques and
				procedures.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 60 - Access To Personal Information › Section 60.6 - Amendment or correction of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 30 business days of a written
				request from a data subject for correction or amendment of a record or personal
				information that is reasonably described and that pertains to the data subject,
				the commission shall:
(1) make the amendment
				or correction in whole or in part and inform the data subject that, on his or
				her request, such correction or amendment will be provided to any person or
				governmental unit to which the record or personal information has been or is
				disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section
				96 of the
				Public Officers Law;
(2) inform the
				data subject in writing of its refusal to correct or amend the record,
				including the reasons therefor.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 60 - Access To Personal Information › Section 60.7 - Commission's failure to respond

Current through Register Vol. 46, No. 28, July 10, 2024
A failure to grant or deny access to records within five
				  business days of the receipt of a request or within 30 days of an
				  acknowledgement of the receipt, or failure to respond to a request for
				  amendment or correction of a record within 30 business days of receipt of such
				  a request, shall be construed as a denial that may be
				  appealed.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 60 - Access To Personal Information › Section 60.8 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				denied access to a record or denied a request to amend or correct a record or
				personal information pursuant to this Part may, within 30 business days of such
				denial, appeal in writing to the deputy commissioner and general counsel of the
				Department of Civil Service at the State Campus, Building 1, Albany, NY
				12239.
(b) In order to be acted
				upon, the appeal must identify:
(1) the record
				that it concerns;
(2) the date and
				location of a request for a record or amendment or correction of a record or
				personal information; and
(3) the
				appellant, and list his or her address.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 60 - Access To Personal Information › Section 60.9 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
				personal information is denied in whole or in part upon appeal, the
				determination shall notify the data subject of the right to:
(1) file a statement of reasonable length
				setting forth the data subject's reasons for disagreement with the
				determination; and
(2) request that
				the statement be provided to any person or governmental unit to which the
				record has been or is disclosed pursuant to paragraph (d), (i) or (l) of
				subdivision 1 of section
				96 of the
				Public Officers Law.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 60 - Access To Personal Information › Section 60.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Any fees authorized herein shall be payable in
				  advance.
(a) The fee for photocopies
				not exceeding 9 x 14 inches shall be 25 cents per page.
(b) The fee for photocopies of records in
				excess of 9 x 14 inches per page shall be the actual copying cost which is the
				average unit cost for copying a record, excluding fixed costs of the agency
				such as operator salaries.
(c) In
				the event that the record is of such a nature that it cannot be photocopied, a
				transcript of such record shall be made upon request of the applicant. Such
				transcripts may either be typed or handwritten at the discretion of the
				commission. In such cases, the requester may be charged for the clerical time
				involved in making the transcript.
(d) The commission, in its discretion, may
				provide copies of records without charging a fee.
(e) No fee will be charged for:
(1) inspection of records;
(2) searching for records; or
(3) a certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 60 - Access To Personal Information › Section 60.11 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 61 - Merit Awards › Section 61.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part, the terms following shall have
				  the indicated meanings:
(a) Adopted
				suggestion means a suggestion, accepted for evaluation by the director of the
				state employee suggestion program pursuant to such policies and procedures
				defining suggester and suggestion eligibility as may be promulgated by the
				commission, which is actually put into use, in its original or substantially
				original form, by one or more State agencies or participating agencies, during
				the suggestion's equity period.
(b)
				Equity period means that period of time, as fixed by the commission, during
				which the author of a suggestion accepted for evaluation by the director of the
				state employee suggestion program retains award recognition rights for adoption
				of that suggestion.
(c) Intangible
				benefit means a benefit to the State, resulting from the implementation of a
				suggestion which is either primarily nonmonetary in nature or, if potentially
				monetary in nature, is such that the amount of such benefit cannot be reliably
				predicted or attributed with any reasonable degree of certainty.
(d) Meritorious service award means the form
				of recognition granted by the commission for an unusual and meritorious
				accomplishment by a State employee not otherwise eligible for award recognition
				pursuant to this Part.
(e) Net
				first year tangible savings or financial benefit to the State means the total
				gross savings reported during the first full year of the suggestion's use in
				one or more departments or agencies, less the capital, labor and other related
				costs necessary for its implementation, provided however, that the commission
				shall have discretion to amortize one time implementation costs over either the
				expected useful life of the suggestion or over five years, whichever period is
				less.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 61 - Merit Awards › Section 61.3 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Any State employee or retiree may submit a suggestion to the
				  suggestion program for review. If the suggestion is determined by the program
				  to be eligible and original, it will be sent to the suggestion committee of the
				  appropriate agency for evaluation. If that agency suggestion committee
				  determines to implement the suggestion, an award recommendation, based on
				  estimated amount of net first-year savings or intangible benefit, will be
				  forwarded to the suggestion program. Following review by program staff, the
				  suggestion will be presented to the commission for award
				  determination.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 61 - Merit Awards › Section 61.4 - Minimum award

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may grant a basic minimum award of not more
				  than $25 for adopted suggestion resulting in net first year tangible savings or
				  monetary benefit to the State of $250 or less.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 61 - Merit Awards › Section 61.5 - Limit on awards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The award
				paid for a suggestion adopted by the commission shall not exceed 10 percent of
				the net first year tangible savings or 10 percent of other financial benefit to
				the State. The maximum award payable for any single adopted suggestion
				resulting in tangible savings or benefit to the State shall be
				$50,000.
(b) The maximum award
				payable for any single suggestion deemed by the commission to result entirely
				or predominantly in intangible benefit to the State shall be $5,000.
(c) The maximum award to be paid for
				meritorious service of a State employee shall not exceed one percent of any
				reported net first year tangible saving or monetary benefit to the State. The
				maximum amount payable for any single meritorious service award shall be
				$5,000.
(d) Nothing in this Part
				shall act to preclude the commission from granting an award based on combined
				tangible and intangible benefit to the State, provided however, that the
				combined amount of such awards shall in no case exceed $50,000 or, in the case
				of a meritorious service award, $5,000.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations) › Part 61 - Merit Awards › Section 61.6 - Installment award

Current through Register Vol. 46, No. 28, July 10, 2024
The commission may direct that awards exceeding $10,000 be
				  paid in equal installments over a period not to exceed five
				  years.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 66 - Subjects Of Examination › Section 66.1 - Announcement of examination

Current through Register Vol. 46, No. 28, July 10, 2024
[Additional statutory authority: Civil Service Law, §7 ]
				  Subjects of examination, the relative weights assigned thereto and the scale of
				  points for creditable seniority and for performance ratings shall be stated in
				  the announcement of examination; provided, however, that after such
				  announcement is made, the written examination may be subdivided into subjects
				  or parts and minimum standards may be fixed for one or more of such
				  subdivisions in order that the candidates may be considered further for
				  eligibility. Notice of such an arrangement shall be given in the instructions
				  on the question papers of the written examination.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 66 - Subjects Of Examination › Section 66.2 - Standards for passing examinations

Current through Register Vol. 46, No. 28, July 10, 2024
[Statutory authority: Civil Service Law, §7 ] No
				  candidate shall be passed in an examination or have his name entered upon an
				  eligible list who fails to attain a passing mark in the examination as a whole,
				  or who fails to meet minimum standards prescribed for any subject or parts of
				  subjects of the examination; provided, however, that a candidate whose
				  performance rating is unsatisfactory may be passed in a promotion examination
				  if he meets minimum standards and receives a passing mark in all other subjects
				  and parts of subjects of the examination.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 66 - Subjects Of Examination › Section 66.3 - Waiver of announced parts of an examination

Current through Register Vol. 46, No. 28, July 10, 2024
[Statutory authority: Civil Service Law, §7 ] A test,
				  stated in the announcement to be planned part of an examination, may
				  nevertheless be waived and the eligible list established on the basis of scores
				  in the other announced competitively rated part or parts of the examination
				  when the number of candidates successful in the preceding part or parts of the
				  examination does not exceed by more than two the number of vacancies to be
				  filled from such eligible list which exist at the time of the establishment of
				  the eligible list.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 66 - Subjects Of Examination › Section 66.4 - The examination process; conduct of investigations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The State Civil Service Department may
				conduct investigations concerning the qualifications of candidates, eligibles
				and appointees for State positions or public authorities under the jurisdiction
				of the department. The scope of these investigations may include training,
				experience and character qualifications or any area pertinent to the
				suitability of the candidate, eligible or appointee for employment. The
				investigation of candidates, eligibles or appointees shall be as complete as is
				necessary to make an informed evaluation and determination. This may include
				the taking of fingerprints and physical descriptive data of such candidate,
				eligible or appointee and submission to the Division of Criminal Justice
				Services for processing.
(b) Each
				case involving a criminal conviction shall be considered on its own merits. A
				candidate, eligible or appointee shall not automatically be disqualified or
				barred from appointment solely on the basis of a criminal conviction unless
				mandated by statute.
(c) In review
				of the criminal convictions full consideration shall be given to the following:
(1) Nature and seriousness of the
				offense;
(2) Circumstances under
				which the offense was committed;
(3) Lapse of time since the offense was
				committed;
(4) Individual's age at
				the time of the offense;
(5) Social
				conditions which may have fostered the offense;
(6) Relationship of the nature of the offense
				to the position sought;
(7) Number
				of criminal convictions;
(8)
				Honesty of the candidate in admitting the conviction record; and
(9) Evidence of rehabilitation as
				demonstrated by the individual's good conduct while in correctional custody
				and/or the community; counseling or psychiatric treatment received; acquisition
				of additional academic or vocational schooling; successful participation in
				correctional work-release programs and the recommendations of persons who have
				or have had the applicant under their supervision.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 67 - Marking And Grading Of Examinations › Section 67.2 - Credit for seniority

Current through Register Vol. 46, No. 28, July 10, 2024
In promotion examinations, credit for seniority shall be
				  granted by the addition of points, on the basis of scales approved by the
				  administrative director, to the average score earned by each successful
				  competitor in the other parts of the examination.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 68 - Eligible Lists › Section 68.1 - Term of eligible list

Current through Register Vol. 46, No. 28, July 10, 2024
The maximum term of an eligible list shall be four years,
				  unless a shorter term is prescribed by the president of the commission, the
				  administrative director or the deputy or assistant administrative director of
				  the Department of Civil Service. An eligible list which has been in force for
				  longer than one year or which has become exhausted shall terminate upon the
				  establishment of a new list of eligibles for the same position unless otherwise
				  prescribed by the president of the commission, the administrative director or
				  the deputy or assistant administrative director of the Department of Civil
				  Service.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 68 - Eligible Lists › Section 68.2 - Eligible list not to be altered; exception

Current through Register Vol. 46, No. 28, July 10, 2024
If an error is discovered in an eligible list, no alteration
				  shall be made in such list except upon approval of the president, or, in his
				  absence, the administrative director. A memorandum record of such action shall
				  be prepared and filed in the department files.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 68 - Eligible Lists › Section 68.4 - Eligible with unsatisfactory performance rating

Current through Register Vol. 46, No. 28, July 10, 2024
An eligible whose performance rating is unsatisfactory shall
				  be ineligible for any promotion or certification from a promotion eligible list
				  during the fiscal year following the period for which such unsatisfactory
				  rating was received.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 70 - Security Of Examination Material › Section 70.1 - Examination questions not to be copied

Current through Register Vol. 46, No. 28, July 10, 2024
In order to prevent the unauthorized publication and
				  dissemination of examination questions, no candidate in any examination shall
				  copy, record or transcribe any examination question or answer or remove from
				  the examination room any question sheet, answer sheet or booklet, scrap papers,
				  notes or any other papers or materials relating to such examination. In
				  addition, where an oral test is conducted, a candidate shall not at any time
				  communicate with an oral test examiner concerning the conduct or content of
				  such test, and shall not directly or indirectly communicate to any other person
				  information concerning the content of such test until completion of the testing
				  of all candidates. No examiner, proctor or other person charged with the
				  supervision of a candidate or group of candidates during an examination or oral
				  test shall have authority to waive the provisions of this section. The
				  president may disqualify any candidate or refuse to certify any eligible who is
				  found to have violated the provisions of this section.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 70 - Security Of Examination Material › Section 70.2 - Copies of questions not to be furnished

Current through Register Vol. 46, No. 28, July 10, 2024
Copies of questions used in examinations shall not be
				  furnished except in cases where they are published by the department for
				  general information.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 70 - Security Of Examination Material › Section 70.3 - Property rights to questions

Current through Register Vol. 46, No. 28, July 10, 2024
All question sheets, answer sheets and other examination
				  materials furnished to municipal civil service commissions in connection with
				  examination services rendered to such municipal commissions by the Department
				  of Civil Service pursuant to the provisions of section
				  23
				  (2) of the Civil Service Law are and shall at
				  all times remain the property of the department and subject to the jurisdiction
				  and control of the department. In order to safeguard the security of
				  examination questions in any such examination, all examination question sheets
				  for such examination shall be furnished to the municipal commission in a
				  separate sealed package and shall be opened by such municipal commission, or
				  its duly authorized representative in charge of such examination. All question
				  and answer sheets and other examination materials shall be packaged and sealed
				  by such municipal commission, or its representative in charge of such
				  examination, immediately after the close of such examination and shall be
				  returned forthwith to the Department of Civil Service. The failure or refusal
				  by a municipal commission to observe and comply with the provisions of this
				  Part may be deemed by the president as adequate and sufficient grounds for
				  refusal to furnish any further examination materials or services to such
				  municipal commission.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 70 - Security Of Examination Material › Section 70.4 - Examination security and test scheduling

Current through Register Vol. 46, No. 28, July 10, 2024
To facilitate the security of examination materials, a test
				  shall be administered only on the announced date (if any), with due provision
				  being made for religious observance; provided, however, the State Department of
				  Civil Service may provide for rescheduling the administration of a test to a
				  candidate under such circumstances of personal hardship and under such
				  conditions as may be defined by that department.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 71 - Information › Section 71.1 - Appointing officer may see application; restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
A candidate's application for examination may be exhibited,
				  upon request, to the appointing officer to whom his name is certified, or to
				  his representative; provided, however, that information therein relating to the
				  candidate's national origin or indicating whether his citizenship is by birth
				  or naturalization shall not be divulged. Before a candidate's application for
				  examination is exhibited to the appointing officer or his representative, all
				  reference therein to the candidate's national origin or to the basis of his
				  citizenship shall be concealed.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 71 - Information › Section 71.2 - Examination papers not to be exhibited; exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
A candidate's papers may not be exhibited except as provided
				  in section 71.1 of this Part, and in
				  regulation four [FN2]; provided, however, that the administrative director may,
				  upon request, authorize the inspection of a candidate's application and other
				  papers, for legitimate official purposes, by law enforcement and other
				  officials or their representatives, where there appear satisfactory and
				  compelling reasons for the need for such inspection.
[FN2] Regulation four repealed Sept. 17,
				  1959.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 71 - Information › Section 71.3 - Publication of eligible lists

Current through Register Vol. 46, No. 28, July 10, 2024
Eligible lists may be published with the standing of the
				  persons named in them, but under no circumstance shall the names of persons who
				  failed examinations be published nor shall their examination papers be
				  exhibited or any information given about them, except as provided in this Part
				  and regulation four.[FN3]
[FN3] Regulation four repealed Sept. 17,
				  1959.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 71 - Information › Section 71.4 - Premature release of examination results

Current through Register Vol. 46, No. 28, July 10, 2024
Any employee of the State who obtains knowledge of
				  examination results prior to the eligible list being officially published by
				  the Department of Civil Service, either by reason of his or her duties as an
				  employee of the Department of Civil Service or as an employee of another State
				  department or agency involved in the administering of examinations of the
				  Department of Civil Service or involved in examining candidates as an agent for
				  the Department of Civil Service or by any other means whatsoever, is hereby
				  strictly prohibited from disclosing such information to any candidate or any
				  other person not involved in administering the examination until the results of
				  such examination have been officially established and an eligible list
				  published by the Department of Civil Service. Willful violation of this
				  section, as determined by the president or the president's designee, may result
				  in barring the perpetrator from the taking of examinations for a period of time
				  not to exceed two years. In addition, a willful violation of the provisions of
				  this section shall be deemed sufficient cause for disciplinary action,
				  including removal.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 73 - State Health Insurance Plan › Section 73.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term plan
				or health insurance plan means the group hospitalization, surgical and medical
				insurance provided under the various contracts entered into pursuant to article
				XI of the Civil Service Law, and any amendments thereto, including all the
				benefits provided thereunder, and all conditions and limitations applicable
				thereto pursuant to such contracts or as prescribed by the President of the
				Civil Service Commission.
(b) The
				term employer or an employer shall include the State of New York (in all its
				departments and agencies and those departments and agencies of the State
				maintained and financed from special or administrative funds) and any
				participating employer. The term participating employer shall mean any public
				authority, public benefit corporation, school district, district corporation,
				municipal corporation or other public agency, subdivision or quasi-public
				organization which elects, with the approval of the President of the Civil
				Service Commission, to include its employees and/or retired employees in the
				plan.
(c) The term employee means
				any person in the service of an employer, except:
(1) any person whose regular work schedule is
				less than 20 hours a week, other than:
(i) a
				person paid on an annual salary basis whose salary rate is $2,000 per year or
				more; provided, however, that for purposes of this definition a participating
				employer may establish a minimum in excess of 20 hours per week and/or a salary
				basis higher than $2,000 per year for purposes of determining eligibility under
				the plan;
(ii) a paid elective
				official of the State or paid member of a public legislative body or other
				local elective official, including a publicly elected member of a school board;
				provided, however, that the determination of eligibility under the plan for
				such official or member and employer contributions, if any, shall be permissive
				for any participating employer, except that any unpaid local elective official
				who occupies a position which by statute, local law, ordinance or resolution is
				expressly prohibited from receiving compensation or school board member
				electing to participate by reason of such membership shall be required to pay
				both the employer and the employee contribution for any coverage elected under
				the plan;
(iii) a person whose
				major source of income is from his employment with the employer; or
(iv) an unpaid board member of a public
				authority, provided he or she has six months or more of service in such
				position;
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 73 - State Health Insurance Plan › Section 73.4 - Administrative responsibilities of the employer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The employer shall be responsible for
				performing the following administrative functions:
(1) enrollment of employees, retired
				employees, and their dependents;
(2) preparation and distribution of
				identification cards, and distribution of certificates for enrolled employees
				and retired employees, and such other materials as may be required in
				connection with the administration of the plan;
(3) maintenance of enrollment and up-to-date
				eligibility records for covered employees and retired employees;
(4) prompt certification to the insurers of
				eligibility or noneligibility for benefits for the employees and retired
				employees, and their dependents, claiming benefits and prompt notification to
				the carriers, as necessary, of the enrollment, change in status and termination
				of coverage of its covered employees;
(5) collection of any unpaid and past due
				employee contributions and refunding of any excess amounts contributed by
				employees;
(6) reporting such
				information and data concerning the administration and operation of the plan as
				the President of the Civil Service Commission may request.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 73 - State Health Insurance Plan › Section 73.5 - Assessment and payment of administrative expenses

Current through Register Vol. 46, No. 28, July 10, 2024
Assessments of proportionate shares of expenses of
				  administration of the plan pursuant to section
				  168 of the
				  Civil Service Law shall be made annually on March 31st, in accordance with a
				  formula approved by the president. A statement of each assessment shall be sent
				  to the appropriate fiscal officer and shall show the formula used and the
				  actual computation of the assessment. Such assessment shall be payable within
				  30 days after such statement is rendered, by check made payable to the State
				  Commissioner of Taxation and Finance, and forwarded to the President of the
				  Civil Service Commission. Failure to pay any such assessment promptly shall
				  constitute cause for expulsion.