N.Y. Comp. Codes R. & Regs. tit. 22 § 25.19

Current through Register Vol. 46, No. 45, November 2, 2024

Section 25.19 - Certification of eligibles

(a) Certification of eligibles from prior list. When an eligible list has been in existence for less than one year and contains the names of fewer than three persons willing to accept appointment, and a new list for the same position or group of positions is established, the names of the persons remaining on the old list shall have preference in certification over the new list until such old list is one year old, and during such period such names shall be certified along with enough names from the new list to provide the appointing officer with a sufficient number of eligibles from which selection for appointment may be made. Where an old list which has been in existence for one year or more is continued upon the establishment of a new list which contains fewer than three names, the Chief Administrator of the Courts may certify the names on the old list along with enough names from the new list to provide the appointing officer with a sufficient number of eligibles from which selection for appointment may be made.

(b) Certification on basis of sex. The Chief Administrator may limit certification from an eligible list to one sex when the duties of the position involved require sex selection as a bona fide occupational qualification.

(c) Certification of lists for court positions.

(1) Certifications for appointments to positions in the court service, regardless of the location thereof, shall be made from statewide lists of eligibles.

(2) The Chief Administrator of the Courts shall determine the eligible list most nearly appropriate for the position to be filled, and shall certify 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.

(3) When an eligible is canvassed for or is offered appointment in writing, and fails to state his or her willingness to accept such appointment within seven 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 sent by telegram or express mail, he or she may be considered as ineligible for purposes of making selection for such particular appointment.

(4) The name of any eligible who fails to reply to an offer of or canvass for appointment, 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 or her request, and the submission by such eligible of reasons satisfactory to the Chief Administrator for declination or failure to reply or to accept appointment or to report to work.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 25.19