N.Y. Comp. Codes R. & Regs. tit. 22 § 25.13

Current through Register Vol. 46, No. 43, October 23, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.13