N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.13 - Applications and examinations
(a) Positions subject to competitive
examinations. The merit and fitness of applicants for positions which are
classified in the competitive class shall be ascertained by such examinations
as may be prescribed by the Chief Administrator of the Courts.
(b) Announcement of
examination. The Chief Administrator of the Courts shall issue an announcement
of each competitive examination, setting forth the minimum qualifications
required, the subjects of examination, and such other information as he or she
may deem necessary, and shall advertise such examination in such manner as the
nature of the examination may require. Such announcement and advertisement
shall each inform prospective applicants of the availability of special
accommodations for taking of examinations as provided in subdivisions (g) and
(h) of this section.
(c) Applications. The Chief
Administrator of the Courts shall require prospective applicants for any
positions to file, during a prescribed time, a formal application in which the
applicant shall state such information as may reasonably be required regarding
his or her background, experience and qualifications for the position sought,
and his or her merit and fitness for the public service. The application shall
be subscribed by the applicant and shall contain an affirmation by him or her
that the statements therein are true, and shall bear a form notice to the
effect that false statements made therein are punishable under section
210.45 of the
Penal Law. Blank forms of such applications shall be furnished by the Chief
Administrator without charge to all persons requesting the same. The Chief
Administrator may require in connection with such application such information
as the good of the service may require.
(d) Disqualification of applicants or
eligibles.
(1) The Chief
Administrator of the Courts may refuse to examine an applicant, or after
examination to include a candidate on the eligible list, or may remove or
restrict from the eligible list, or may refuse to appoint, an applicant or
eligible:
(i) who is found to
lack any of the established requirements for admission to the examination or
for appointment to the position for which he or she applies; or
(ii) who is found to have a
physical or mental disability which renders him or her unfit for the
performance, with or without reasonable accommodation, of the essential
functions of the position in which he or she seeks employment, or which creates
a significant risk to the health or safety of the individual or of others that
cannot be eliminated with reasonable accommodation; or
(iii) who has been guilty of a
crime; or
(iv) who
has been dismissed from a permanent position in the public service upon stated
written charges of incompetency or misconduct, after an opportunity to answer
such charges in writing, or who has resigned from, or whose service has
otherwise been terminated in, a permanent or temporary position in the public
service, where it is found after appropriate investigation or inquiry that such
resignation or termination resulted from his or her incompetency or misconduct;
or
(v) who has
intentionally made a false statement of any material fact in his or her
application; or
(vi)
who has practiced, or attempted to practice, any deception or fraud in his or
her application, in his or her examination, or in securing eligibility or
appointment; or
(vii)
who has been dismissed from private employment because of poor performance,
incompetency or misconduct; or
(viii) who lacks good moral character;
or
(ix) who has a
record of disrespect for the requirements and processes of law, including
repeated traffic offenses or disregard of summonses for traffic
offenses.
(2) No person shall be disqualified
pursuant to this subdivision unless he or she has been given a written
statement of the reasons therefor and afforded an opportunity to make an
explanation and to submit facts in opposition to such disqualification. The
applicant shall have the burden of establishing his or her qualifications to
the satisfaction of the Chief Administrator of the Courts. Any applicant who
refuses to permit the Chief Administrator to investigate matters necessary for
the verification of his or her qualifications or who otherwise hampers, impedes
or fails to cooperate in such investigation shall be disqualified as set forth
in paragraph (1) of this subdivision.
(3) Notwithstanding any other provision
of this Part, the Chief Administrator of the Courts may investigate the
qualifications and background of an eligible after he or she has been appointed
from the list, and upon finding facts which, if known prior to appointment,
would have warranted his or her disqualification, or upon a finding of
illegality, irregularity or fraud of a substantial nature in his or her
application, examination or appointment, may revoke such eligible's
certification and appointment and direct that his or her employment be
terminated; provided, however, that no such certification shall be revoked or
appointment terminated more than three years after it is made, except in the
case of fraud.
(e) Application fees. The Chief
Administrator of the Courts may require applicants for any positions to pay
application and processing fees in a manner and amount prescribed by the Chief
Administrator.
(f)
Scope of examination. Examinations shall relate to those matters which will
fairly test the relative capacity and fitness of the persons examined to
discharge the duties of that service into which they seek to be appointed. The
Chief Administrator of the Courts shall establish an eligible list on the basis
of ratings received by the candidates in the competitive portions of the
examination, and may thereafter conduct medical, physical ability,
psychological and other appropriate noncompetitive qualifying tests as
required.
(g)
Examination of candidates unable to attend tests because of religious
observance. A person who, because of religious beliefs, is unable to attend and
take an examination scheduled to be held on a day which is a religious holiday
observed by such person shall be permitted to take such examination on some
other day designated by the Chief Administrator of the Courts at a reasonable
comparable time and place without any additional fee or penalty.
(h) Examinations of disabled
persons. Where an applicant is not so physically or mentally disabled as to
prevent him or her from satisfactorily performing, with or without reasonable
accommodation, the essential functions of the position for which he or she is
applying, to ensure competitive equality between the disabled person and
persons not so disabled in connection with interviews and the taking of
examinations, the Chief Administrator, upon request, may furnish appropriate
auxiliary aids or services and, when necessary, allow additional time for
examinations.
(i)
Residence requirements for Unified Court System positions. The Chief
Administrator of the Courts may prescribe residency requirements for positions
in the Unified Court System.
(j) Rating of examinations.
(1) The subjects of an
examination shall be given such relative weight as the Chief Administrator of
the Courts 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 scores earned by passed candidates who have passed
all other parts of the examination.
(2) After a candidate's rating has been
determined, he or she shall be notified of such rating unless he or she has
otherwise been disqualified.
(3) In an examination in which the
number of candidates is expected to greatly exceed the number of existing and
anticipated vacancies, the Chief Administrator of the Courts may prescribe that
the passing mark shall be the lowest grade received among a certain fixed
number of candidates graded highest in such examination or in any subject of
such examination. Whenever the Chief Administrator 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.
(4) The Chief Administrator of
the Courts may authorize the use of any professionally recognized examination
scoring and conversion methods, taking into consideration the type of
examination, the examination difficulty, the size of the applicant population
in relation to the number of positions to be filled, labor market conditions,
or other factors which can affect the number and quality of
eligibles.
(k) Establishment of eligible lists.
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 or she was examined, and his or her name shall be entered on the
eligible list in the order of his or her 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 Chief Administrator of the Courts.
Notes
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