Personnel Rules and Regulations of the City of New York

Rule IV - Examination Procedures, Veterans Preference, Eligible Lists And Certification

Section I - General Examination Procedures

4.1.1. General Provisions; Applicability.

(a) The commissioner of citywide administrative services shall conduct examinations for such positions as may be necessary to anticipate the needs of the city service.

(b) The head of an examining agency shall conduct non-written promotion examinations for such positions in the agency as may be necessary to anticipate the needs of the agency.

(c) The provisions of this section shall apply to examinations conducted by the department of citywide administrative services and by examining agencies.

4.1.2. Scheduling of Examinations.

The department of citywide administrative services shall maintain the general schedule of all examinations for positions in the city service.

4.1.3. Examining Agency Examination Plans.

Agency examination plans for non-written promotion examinations shall contain such material as set forth in these rules or provided in the regulations. Such plans shall be submitted to the commissioner of citywide administrative services for approval prior to the holding of such examination.

4.1.4. Job Analysis.

(a) A job analysis shall be conducted for each examination.

(b) Agencies shall assist the department of citywide administrative services in the preparation of job analyses for examinations conducted by the department of citywide administrative services.

(c) Job analyses conducted by examining agencies for non-written promotion examinations shall be submitted to the department of citywide administrative services by the examining agency.

4.1.5. Examination Experts.

The commissioner of citywide administrative services may secure outside expert assistance in examinations or may approve an agency examination plan providing for such assistance in such cases as the commissioner of citywide administrative services deems appropriate and necessary.

4.1.6. Responsibility for Examination.

(a) Every examination shall be under the direction of the assistant commissioner for examinations or designated officer of the examining agency, who shall consult with agency heads concerning the qualifications for the position for which an examination is to be held.

(b) Such examination shall be free from the influence or participation of the agency head or subordinates, except those who may be assigned to assist such assistant commissioner for examinations or designated officer of the examining agency who shall have the sole direction and control of such individuals during the period of such assignments.

4.1.7. Test and Weight.

The tests comprising an examination and the relative weight given to each shall be fixed prior to each examination by the assistant commissioner for examinations or in the examining agency's examination plan subject to the approval of the commissioner of citywide administrative services.

4.1.8. Preparation of Examinations.

(a) The assistant commissioner for examinations or designated officer of the examining agency shall assign examiners for a particular examination.

(b) All written questions prepared by such examiner shall be placed in safe compartments provided by such assistant commissioner for examinations or designated agency officer. Such questions shall be printed from type or other process under the immediate supervision of such assistant commissioner for examinations or designated agency officer or a designated subordinate.

(c) The assistant commissioner for examinations or designated agency officer shall be responsible for the safekeeping of such questions unless relieved by the commissioner of citywide administrative services or agency head, as the case may be. So far as practicable, such printing shall be done immediately prior to the date of the examination.

4.1.9. Announcement.

(a) In advance of an examination, the commissioner of citywide administrative services shall prepare and publish an announcement setting forth the title of the position, the minimum qualifications required, the tests of the examination, and such other information as the commissioner of citywide administrative services may deem necessary.

(b) Where an agency is conducting a non-written promotion examination such announcement shall be included in the agency's examination plan and upon approval by the commissioner of citywide administrative services the announcement shall be published by such agency.

4.1.10. Publication.

Such announcement shall be published daily throughout the entire filing period. Where the announcement does not specify a closing date, a filing period shall not be closed without at least three days' notice by publication. Such announcement and list of examinations for which applications are being received shall be posted conspicuously in the office of the department of citywide administrative services or of the examining agency, as the case may be. The provisions of paragraph 4.1.9 of this section relative to the publication of announcements shall not be applicable where a nomination for promotion is made pursuant to paragraph 5.3.7 of these rules.

4.1.11. Modification.

The commissioner of citywide administrative services may, after the announcement has been published, subdivide the several tests into subjects or parts, or approve such action by an examining agency. Notice of such action must be given at the time such tests are held.

4.1.12. Limitation.

Eligibility may be limited to one sex where the duties of the position involve the institutional or other custody or care of persons of the same sex, or visitation, inspection or work of any kind the nature of which constitutes a bona fide occupational qualification requiring sex selection.

Section II - Applications And Recruitment

4.2.1. Application Forms and Completion.

(a) The standard application forms for examinations shall be furnished by the commissioner of citywide administrative services or examining agency without charge to all persons requesting the same.

(b) An applicant shall state upon the prescribed form such information as is required including the applicant's background, experience and qualification for the position sought and merit and fitness for the public service. Applications shall be subscribed by the applicant and shall contain a declaration that the statements are made subject to the penalties of perjury.

(c) The personal history form or other prescribed form provided in connection with the investigation of an applicant shall be deemed a part of the application.

4.2.2. Filing Period.

Unless otherwise provided in the announcement of the examination, the commissioner of citywide administrative services shall fix the period, or shall approve the period fixed by the examining agency, to be not less than two weeks, during which applications shall be received. There shall be not less than ten days between the last day for the receipt of applications as originally publicly announced and the date of the first test in an examination unless otherwise provided in the announcement of the examination.

4.2.3. Filing Fees.

Filing fees shall be accepted by the department of citywide administrative services for all examinations including those conducted by an examining agency. The amounts of such fees and the terms and conditions for receipt and acceptance and any waivers shall be set forth in the regulations.

4.2.4. Non-Return of Applications.

All applications shall be dated. An accepted application shall not be returned to the applicant or the applicant's agent, as the case may be.

4.2.5. Defective Application.

An application found to be defective shall be suspended. Where an application is found to be incomplete or defective or not accompanied by the proper fee, if any, such application shall not be accepted unless the defect or omission has been corrected by the applicant and returned within seven days from the date of notification to the applicant of the required corrections.

4.2.6. Recruitment.

Recruitment of persons for positions in the city service shall be conducted by the department of citywide administrative services and by agencies. Recruitment procedures shall include those set forth in the regulations or otherwise prescribed by the commissioner of citywide administrative services.

Section III--Disqualification Of Applicants Or Eligibles

4.3.1. General Provisions.

(a) The commissioner of citywide administrative services, upon investigation of applicants for positions in the civil service or review of their qualifications, may refuse to examine an applicant or after examination refuse to certify or refuse to permit the certification of an eligible for reasons and in the manner prescribed by law or these rules.

(b) Investigation of the qualifications and background of an eligible may be made after appointment and, upon finding facts which, if known prior to appointment, would have warranted disqualification, or upon a finding of illegality, irregularity or fraud of a substantial nature in the eligible's application, examination or appointment, the certification of such eligible may be revoked by the commissioner of citywide administrative services and the employment directed to 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.

(c) No person shall be disqualified by the commissioner of citywide administrative services unless such person has been given a written statement by the commissioner of citywide administrative services of the reasons therefor and afforded an opportunity to make an explanation and to submit facts in opposition to such disqualification. An examining agency's determination of eligibility of candidates for such agency's non-written promotion examination shall be subject to the provisions of 8.2.2 and 8.2.3 of these rules.

(d) Agencies shall assist the department of citywide administrative services in investigations in the manner prescribed by the commissioner of citywide administrative services.

4.3.2. General Requirements.

(a) An applicant or eligible must possess the established minimum requirements and qualifications for admission to an examination or for appointment to a position.

(b) Satisfactory character and reputation shall be deemed a part of the established minimum requirements and qualifications for admission to an examination or for appointment to a position.

(c) A person convicted of petit larceny may in the discretion of the commissioner of citywide administrative services be examined or certified as a police officer or firefighter. A person dishonorably discharged from the armed forces of the United States shall not be examined, certified or appointed as a police officer or firefighter.

(d) Except as provided in subdivisions (e) and (f) hereof, any physical or mental disability, disease, injury, abnormality, or defect which renders a person unfit for the performance in a reasonable manner of the duties of the position the person seeks or the failure to meet the required medical or physical standards of a position, shall constitute grounds for the disqualification of such person.

(e) In the case of blind or otherwise physically disabled persons as described in section fifty-five of the civil service law, who do not qualify under subdivision (d) hereof, due consideration shall be given to such findings as may be submitted by the state commission for the blind and visually handicapped or the state education department, as the case may be, and such persons, if otherwise qualified, may be certified to positions from eligible lists upon which their names appear either generally or upon limited terms and conditions, as provided by regulations and procedures adopted by the commissioner of citywide administrative services.

(f) Where a person on an eligible list does not qualify under subdivision

(d) hereof for the position for which the list was established, and where such list is declared appropriate for a position requiring lesser medical and physical standards than those required for the original position, such person shall, upon application during the life of the list, if he or she meets such lesser standards, be qualified for the latter position and shall be certified thereto in his or her regular order on such list.

4.3.3. Burden.

The burden of establishing the required qualifications shall be upon the applicant or eligible.

Section IV - Administration And Rating Of Examinations

4.4.1. Applicability.

The provisions of this section shall apply to examinations conducted by the department of citywide administrative services and by examining agencies.

4.4.2. Admission to Examination; Identification.

A candidate shall not be admitted to an examination or any test thereof whose application therefor has not been presented and accepted in accordance with the rules. The name of a candidate who has not been fingerprinted at the time of examination shall not be placed on the eligible list.

4.4.3. Processing of Examination Papers.

On the day of the examination, the admission cards of the candidates shall be enclosed in an envelope and sealed. In an examination in which the papers are rated in whole or in part by examiners, the identity of each candidate shall remain concealed until the ratings are completed . In an examination in which all procedures from the rating of tests to the production of the list are accomplished entirely by machine, the seal may be broken prior to rating solely to permit verification of mark-sensed application numbers.

4.4.4. Oral Tests.

Oral tests, wherever practicable, shall be recorded by a suitable method to provide a reviewable record.

4.4.5. Second or Special Examinations.

Except as provided in paragraph 4.4.6 hereof, or as provided in the military law of the State of New York, no candidate shall be given a second or special competitive test in connection with an examination held, unless it be shown to the satisfaction of the commissioner of citywide administrative services or the head of the examining agency that the candidate's failure to take or complete such test was due to:

(a) a manifest error or mistake for which the department of citywide administrative services or the examining agency is responsible, the nature of which shall be recorded;

(b) compulsory attendance before a court or other public body or official having the power to compel attendance;

(c) physical disability incurred during the course of and within the scope of the municipal employment of such candidate where such candidate is an officer or employee of the city; or

(d) absence from the test within a period of one week after the date of death of a spouse, mother or father, sister or brother, or child of such candidate where such candidate is an officer or employee of the city. No such claim shall be granted unless it is submitted in writing to the department of citywide administrative services or the examining agency either in person or by certified or registered mail within two months following the date of the regular examination.

4.4.6. Sabbath Observers.

A candidate claiming to be unable to participate in an examination when originally scheduled because of the candidate's religious beliefs may seek consideration as a sabbath observer by requesting a special examination by submitting to the department of citywide administrative services or examining agency such request in writing either in person or by certified or registered mail no later than five days prior to the date of the examination. A written statement signed by the candidate's religious leader attesting to the candidate's religious beliefs and certifying that the candidate is a sabbath observer and that it is contrary to the candidate's tenets to participate in an examination during the sabbath must accompany said written request.

4.4.7. General Rating Procedures.

Except when otherwise specified by the assistant commissioner for examinations or by the designated officer of the examining agency, each test, subject or part of an examination shall be rated by not less than two examiners. They, or employees designated by the assistant commissioner for examinations in charge or by the designated officer of the examining agency, shall then affix to each paper or record a rating expressing the average of their judgment attested by their respective signatures or initials.

4.4.8. General Rating Standards.

The rating shall be comparative and in accordance with such standards as the needs of the service may require.

4.4.9. Passing Rating.

(a) Unless otherwise specified by resolution or regulation of the commissioner of citywide administrative services, or by the announcement of examination, candidates must attain a final examination rating of not less than seventy percent in an examination in order to be placed upon an eligible list for certification and appointment.

(b) The required passing rating in any test, subject or part of an examination shall be fixed not later than the time of the holding thereof or as soon as practicable thereafter by the assistant commissioner for examinations or by the designated officer of the examining agency.

(c) Where it is anticipated that the number of eligibles will not meet the needs of the service, the commissioner of citywide administrative services or the head of an examining agency, as the case may be, may, in order to provide an eligible list to meet the needs of the service, authorize the use of any type or combination of types of conversion methods or a mathematical formula of penalties for incorrect answers on the basis of test difficulty and other relevant factors involved in the rating of any test.

(d) The commissioner of citywide administrative services or the head of an examining agency may prescribe that the passing mark shall be the lowest grade received among a certain fixed number of candidates graded highest in the examination or in any subject or part thereof.

(e) In the case of an examining agency, any action proposed to be taken pursuant to subparagraphs (b), (c) or (d) hereof which was not provided for in the agency plan for examination approved by the commissioner of citywide administrative services shall be submitted for such approval prior to any such action.

4.4.10. Finality of Rating.

Except as otherwise provided by paragraph 4.4.13 hereof or by resolution or regulation of the commissioner of citywide administrative services, no final rating of a test, subject or part of an examination shall be subject to alteration or re-rating.

4.4.11. Candidates With Same Final Examination Rating.

Whenever two or more candidates in an examination receive the same final examination ratings, their respective place on the resulting eligible list shall be determined for administrative reasons only by a sequence of the number derived from the last five and then the first four positions of their social security numbers.

4.4.12. Certification and Use of Eligible List Where Paragraph 4.4.11 Has Been Applied.

(a) If the name of any eligible whose place on the eligible list has been determined in accordance with the procedures set forth in paragraph 4.4.11 is included in the certification for appointment, the names of all other eligibles on the list having the same final examination rating as such eligible shall likewise be included in such certification.

(b) Appointments and promotions then may be made by the selection of any such eligible whose final examination rating is equal to or higher than the final examination rating of the third highest standing eligible qualified and willing to accept appointment or promotion.

4.4.13. Correction of Manifest Error or Mistake.

The commissioner of citywide administrative services, at any time prior to the establishment or during the existence of an eligible list, may correct any manifest error or mistake made in connection with an examination, on the initiative of the commissioner of citywide administrative services or that of the head of an examining agency, or in the granting of a claim of manifest error or mistake. Such action shall be taken in accordance with the procedures set forth in rule VIII of these rules and may result in a higher or lower rating. The nature of such manifest error or mistake shall be recorded.

Section V - Additional Credit On Competitive Examinations For Veterans And Disabled Veterans
4.5.1. Application for Additional Credit.
(a) A veteran or disabled veteran who elects to claim additional credit as provided in the civil service law, shall so notify the commissioner of citywide administrative services and establish by appropriate documentary evidence eligibility for such additional credit.

(b) No such claim shall be accepted as approved which has not been filed prior to the establishment of the eligible list. However, such timely claim may, prior to appointment, be amended to reflect the disabled or non-disabled veteran status recognized by the veterans administration at the time the list was established.

4.5.2. General Procedures.

(a) Prior to appointment or promotion, as the case may be, a veteran or disabled veteran reached for appointment or promotion on an eligible list by virtue of such additional credits, shall subscribe a statement on a form provided by the commissioner of citywide administrative services that no permanent original appointment or permanent promotion to a position in the civil service of the state or any civil division or city thereof had previously been obtained as a result of the additional credits prescribed in the civil service law.

(b) The agency head shall at the time of appointment require a person appointed by virtue of such additional credits to execute an instrument on a form prescribed by the commissioner of citywide administrative services, setting forth such person's public employment since January 1, 1951.

4.5.3. Use of Additional Credit.

(a) A person who has received a permanent original appointment or permanent promotion to a position in the civil service of the state or any of its civil divisions as a result of additional credit shall not thereafter be entitled to additional credit, either as a veteran or disabled veteran, in any competitive examination for original appointment or promotion to any position in the civil service of the state or any civil division thereof.

(b) The appointment or promotion of a veteran or disabled veteran as a result of additional credits shall be void if such veteran or disabled veteran, prior to such appointment or promotion, had received a permanent original appointment or permanent promotion to a position in the civil service of the state or any of its civil divisions as a result of additional credits.

4.5.4. Exhaustion of Credits; Exceptions.

When a veteran or disabled veteran accepts a permanent position from an eligible list by virtue of such additional credits, such person shall be deemed to have exhausted those credits unless:

(a) prior to the expiration of the probationary term, such veteran or disabled veteran resigns from the position; or

(b) the services of such veteran or disabled veteran are terminated at the end of or during the probationary term; or

(c) at the time of establishment of an eligible list, the position of a veteran or disabled veteran on such list has not been affected by the addition of credits; or

(d) at the time of appointment from an eligible list, a veteran or disabled veteran is in the same relative standing among the eligibles who are willing to accept appointment as if the veteran or disabled veteran had not been granted additional credits.

4.5.5. Withdrawal of Application; Election to Relinquish.
(a) An application for additional credits may be withdrawn by the applicant in writing at any time prior to the establishment of an eligible list or during its existence and prior to appointment or promotion therefrom. In such case, the election shall be irrevocable and the applicant's place on the eligible list shall be revised accordingly.

(b) Where such election is made in connection with certification to a position for which the list has been declared appropriate other than to the position for which the examination was held, it shall not affect the applicant's standing on the list in respect to the latter position.

4.5.6. Roster.

There shall be established in the department of citywide administrative services a roster of all veterans and disabled veterans appointed or promoted as a result of the additional credits granted pursuant to the civil service law.

4.5.7. Disabled Veteran's Records.

All certificates and other documents, memoranda, reports and information furnished by the United States veterans administration to the department of citywide administrative services in connection with claims for disabled veterans' preference shall be deemed confidential unless the commissioner of citywide administrative services determines that the withholding thereof is contrary to the public interest.

Section VI - Eligible Lists

4.6.1. Establishment of Lists.

(a) The provisions of this section shall apply to examinations conducted by the department of citywide administrative services and by examining agencies.

(b) The results of each examination shall be reported by the assistant commissioner for civil service administration or by the head of the examining agency, as the case may be, to the commissioner of citywide administrative services and the names of the candidates passing such examination shall be listed in the order of their respective final examination ratings. The names of disabled and non-disabled veterans who have duly established claims to additional credits shall be reported in the manner prescribed by law.

(c) The list thus reported shall be officially established only by order of the commissioner of citywide administrative services. The date prescribed in such order shall be the date of such establishment.

4.6.2. Terms and Conditions.

An eligible list may be established subject to the conduct of such medical, physical, or other appropriate non-competitive qualifying tests, investigations and conditions as may be deemed appropriate by the commissioner of citywide administrative services.

4.6.3. Publication of Established Lists.

An established eligible list shall be published as soon as practicable after establishment. Upon the establishment of an open competitive eligible list notification thereof shall be published as soon as practicable thereafter stating the title of the examination, the examination number, the number of passing candidates, the date of establishment, and such other information as the commissioner of citywide administrative services shall prescribe.

4.6.4. Notification to Candidates.

Unless otherwise provided for in the notice of examination with respect to a continuing eligible list, the commissioner of citywide administrative services, upon the establishment of an eligible list, shall notify each candidate of the candidate's ratings and, if the candidate has received a passing final examination rating, of the numerical place on such list. Any candidate rejected for reasons other than failure to attain a passing final examination rating shall be advised of such reasons.

4.6.5. Inspection of Examination Papers.

Except as otherwise provided by the commissioner of citywide administrative services, candidates may personally inspect their examination papers at the offices of the department of citywide administrative services, or the examining agency, as the case may be, at specified times in the presence of employees designated by the commissioner of citywide administrative services or by the head of the examining agency.

4.6.6. Duration of Eligible Lists.

(a) The duration of either an open competitive or promotion eligible list shall be not less than one nor more than four years from the date of establishment.

(b) Unless otherwise provided, an eligible list which has been in existence for one year or more shall terminate upon the establishment of an appropriate subsequent like list for the same title.

(c) Where the duration of an eligible list is fixed in the announcement of examination at less than four years, the commissioner of citywide administrative services may by resolution prior to the expiration date of such list extend the duration of such list up to the maximum limitation of four years, provided that such announcement of examination states that such extension may be made.

(d) The commissioner of citywide administrative services may also by resolution prior to the expiration date of an eligible list extend the duration of such list as provided for in section fifty-six of the civil service law, as amended by section one of chapter four hundred and forty-three of the laws of nineteen hundred and seventy-six.

Section VII--Certification Of Eligible Lists And Selection Therefrom
4.7.1. General Provisions.
(a) The provisions of this section shall apply to the certification of eligible lists by the commissioner of citywide administrative services or, in the case of classes of positions unique to an agency, the certification of eligible lists for such classes by the agency head.

(b) Appointments or promotions shall be made from the established list most nearly appropriate for the position to be filled, as determined by the commissioner of citywide administrative services.

(c) Appointment or promotion from an established eligible list to a position in the competitive class shall be made by the selection of one of the three persons certified by the commissioner of citywide administrative services or the head of the certifying agency, as the case may be, as standing highest on such established list who are qualified and willing to accept such appointment or promotion. Where applicable, such selection shall be made as provided for in paragraph 4.4.12 of these rules.

(d) The rating of each eligible shall be stated in the certification.

(e) The agency head may review the examination application and records of each certified eligible at the office of the department of citywide administrative services.

4.7.2. Existing Eligible Lists.

(a) When an eligible list has been in existence for less than one year and contains the names of less than three eligibles willing to accept appointment, and a new list for the same position or group of positions is established, the names of the eligibles remaining on the old list shall have preference in certification over the new list until such old list is one year old. During such period such names shall be certified along with enough names from the new list to provide a sufficient number of eligibles from which selection may be made.

(b) 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 less than three names, the commissioner of citywide administrative services may certify or may authorize the head of the certifying agency to certify the names on the old list along with enough names from the new list to provide a sufficient number of eligibles from which selection may be made.

(c) Agency and city-wide promotion eligible lists shall not be certified for an agency until after the promotion unit eligible lists for that agency, if any, have been exhausted.

4.7.3. Additions to Certification.

(a) If there be more than one position to be filled, or if the commissioner of citywide administrative services or certifying agency head has reason to anticipate declinations, or where the certification is to be completed as set forth in this paragraph, the commissioner of citywide administrative services or certifying agency head shall supplement the certification for the selection by the addition of the names of those next in order on the established list. However, selection shall be made singly and in each case from the three highest names remaining qualified and eligible and willing to accept appointment or promotion, or from among those eligibles as provided for in paragraph 4.4.12 of these rules, as the case may be.

(b) On notification from an agency head that one or more eligibles have declined appointment and on receipt by the department of citywide administrative services from such officer of any such declination in writing, or of evidence of the failure of any such eligible to respond to a notice properly sent, such certification shall be completed by the addition of the name or names of the eligibles next in order of standing on the list.

(c) Upon receipt by the head of a certifying agency of a written declination of appointment by one or more eligibles named in a certification or of evidence of the failure of any such eligible to respond to a notice properly sent, such certification shall be completed by the addition of the name or names of the eligibles next in order of standing on the list.

(d) Where objection to the certification of one or more eligibles has been duly made by an agency head and the commissioner of citywide administrative services sustains such objection, the certification shall be completed by the addition of the name or names of the eligibles next in order of standing on the eligible list.

4.7.4. Limitation on Certifications.

No name shall be certified more than three times to the same agency head for the same or similar position unless at such officer's request. However, only those who have been actually entitled to consideration for selection shall be charged with certification. For appointment to the position of police officer in the police, transit police, or housing police services, no name certified three times to one agency head shall be certified to another unless at such agency head's request.

4.7.5. Duration of Certification.

A certification shall not remain in force and effect for a period longer than thirty days nor beyond the existence of the eligible list from which certification was made. Until such certification has been exhausted or terminated, no new certification shall be made for the same position in the same agency.

4.7.6. Revocation of Individual Certification or Appointment.

Whenever a person not entitled to certification is certified, such certification and appointment, if any, shall be revoked by the commissioner of citywide administrative services.

4.7.7. Ineligibility for Further Certification.

An eligible who has been appointed to a permanent position for which the list was established or to a similar position in the same or higher grade, shall no longer be eligible for certification from such list.

4.7.8. Conditional Certification.

(a) Upon the initiative of the commissioner of citywide administrative services or upon request of the agency head, the commissioner of citywide administrative services may certify eligibles subject to investigation, medical test or other qualifying test or requirement, where such conditions were not provided for at the time an eligible list was established. Upon approval by the commissioner of citywide administrative services, such conditional certification may be made by the head of a certifying agency.

(b) Written notice of such conditional certification pursuant to this paragraph shall be given to eligibles at the time of appointment or promotion, as the case may be.

(c) Whenever, upon subsequent investigation, medical test or other qualifying test or requirement, an eligible thus certified is found to be not qualified, such certification shall be revoked by the commissioner of citywide administrative services and the employment, if any, of such eligible 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.

4.7.9. Certification by Sex.

The commissioner of citywide administrative services may authorize the limitation of certification from an eligible list to one sex when the duties of the position involve institutional or other custody or care of persons of the same sex, or the visitation, inspection, or work of any kind the nature of which is a bona fide occupational qualification requiring sex selection.

4.7.10. Selective Certification.

(a) Selective certification may be made from an eligible list to fill similar or related positions which require additional or special qualifications not tested for specifically in the prescribed requirements or tests of an examination, in the manner provided in this paragraph.

(b) Upon the initiative of the commissioner of citywide administrative services or at the request of the head of an agency, the commissioner of citywide administrative services may selectively certify from an eligible list where the announcement of examination originally contained a specific provision for such selective certification.

(c) With respect to certifying agencies, the agency head may so selectively certify, where the announcement of examination originally contained a specific provision for such selective certification, upon approval by the commissioner of citywide administrative services.

(d) Selective certification shall be made only upon due notice to all affected eligibles on such list.

(e) Eligibles on such list who possess the additional or special qualifications required as evidenced by experience, appropriate licensure, possession of essential tools, equipment and facilities, or who pass an appropriate qualifying test shall be qualified for selective certification and shall be certified to such similar or related positions in the order of standing on the original list.

(f) Where the announcement of examination did not originally contain a provision for such selective certification, it shall not be made or authorized until intention to make such certification has been duly advertised in a designated newspaper and a public hearing thereon held by the commissioner of citywide administrative services in the same manner as is required for the adoption or amendment of a rule.

4.7.11. Certification Pools.

Certification pools may be conducted at the discretion of the commissioner of citywide administrative services for the purpose of filling positions more expeditiously. Such certification pools shall be conducted pursuant to appropriate terms and conditions not inconsistent with the civil service law or these rules.

4.7.12. Continuing Eligible Lists.

(a) The commissioner of citywide administrative services may establish continuing eligible lists for such classes of positions where the needs of the service require. Such continuing eligible lists shall consist of the names of candidates successful in tests which may be conducted from time to time and which shall be so constructed and rated so as to be as nearly equivalent as possible in coverage and difficulty.

(b) The name of any candidate who passes any such test and who is otherwise qualified shall be placed on such eligible list in the rank corresponding to the candidate's final rating on such test.

(c) The period of eligibility of successful candidates for certification and appointment from such continuing eligible lists shall be one year following the date on which such candidates first became eligible for certification.

(d) A candidate may take more than one test provided, however, that no such candidate shall be certified simultaneously with more than one rank on the continuing eligible list.

Section VIII--Declination Of Appointment

4.8.1. Applicability.

The provisions of this section shall apply to appointments from established eligible lists certified by the commissioner of citywide administrative services or by the head of a certifying agency.

4.8.2. Effect of Declination; Failure to Respond; Failure to Report.

Except as otherwise provided in this section, the name of an eligible who has been certified for employment in and offered an appointment to a position, whether or not the list was expressly established therefor, shall be withheld from certification for any position upon the occurrence of one of the following:

(a) declination by the eligible of an offer of appointment to any such position;

(b) failure of the eligible to respond to an offer of appointment within the period fixed by the agency head, provided that such period is not less than four days after the date of such offer;

4.8.3. Exceptions for Declinations.

(a) Notwithstanding the provisions of paragraph 4.8.2, declination by an eligible of an offer of appointment to a position, whether or not the list was expressly established therefor, shall result only in withholding such eligible's name from certification to a like position if the declination is for one of the following reasons:

(1) temporary inability to accept the position;

(2) in the case of original appointment the location in which the duties are to be performed. However, if the location is within the city of New York, such declination shall apply to the entire city, and if outside the city of New York, such declination shall apply to the entire county;

(3) in the case of a promotion, where the certification is from a citywide promotion list and the position offered is in an agency other than the agency where the eligible is employed;

(4) in the case of a promotion, location on the basis of borough or county in which the duties are to be performed.

(b) Where the offer of appointment is to a position other than that for which the list was expressly established and is declined by an eligible for that reason, such declination shall result only in withholding such eligible's name from further certification to any such other like position.

(c) Where the eligible declines appointment to a specific position for which the list has not been expressly established, because of the objectionable nature of the duties of such position, and the commissioner of citywide administrative services finds the duties to be of such nature, such eligible's name shall be withheld only for certification to a like specific position. However, where the list has been expressly established for such specific position, such person's name shall be withheld from certification upon declination of appointment for such reason.

(d) If a list established for permanent appointment is certified for temporary, seasonal or part-time employment, declination of an offer of appointment shall result only in withholding such eligible's name from certification for a position of a like duration of employment. However, where the eligible list has been expressly established for a position of a temporary, seasonal or part-time duration, declination of appointment to such position shall result in withholding the eligible's name from further certification.

4.8.4. Effect of Withholding from Certification on Certification to a Like Position.

A person whose name has been withheld from certification shall not be eligible for like certification until all eligibles on the eligible list upon which such person's name appears have been reached for like certification unless such person submits an explanation satisfactory to the commissioner of citywide administrative services for the declination or failure to reply or to accept appointment. Such explanation must be filed in writing with the department of citywide administrative services at any time prior to the expiration date of the eligible list.

4.8.5. Conditions for Restoration.

(a) The name of an eligible for an original appointment which has been withheld from certification shall not be restored to such list for certification, except upon written request therefor by such eligible. No more than a total of three restorations shall be permitted.

(b) The name of an eligible for promotion to a higher position, which has been withheld from certification shall automatically be restored to the bottom of such list for certification. No more than a total of three restorations shall be permitted.

(c) The commissioner of citywide administrative services may, if the needs of the service require, restore names of eligibles covered by this paragraph 4.8.5 to a list without their written request. Such restorations shall not be included in the total of three restorations permitted.

4.8.6. Declination for Insufficiency of Compensation.

When declination for insufficiency of compensation offered results in the selection of an eligible lower on the eligible list than the person who thus declined, the compensation of the person selected shall not be increased within one year after such selection beyond the amount declined, unless each eligible originally declining has received or declined appointment or promotion at the increased amount. However, at the discretion of the commissioner of citywide administrative services, for reasons to be recorded, this limitation may be waived.

4.8.7. Different Compensation.

Notwithstanding the provisions of paragraph 4.8.6, upon the written request of an agency head setting forth the reasons therefor, the commissioner of citywide administrative services may certify to specified agencies, eligibles having specified additional qualifications at a rate of compensation above that offered to other persons on the same eligible list.