4 NYCRR Part 3 - Department of Civil Service

Title 4 is open to everyone.

Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.

4 NYCRR 3.1 - Residence requirements for State positions

Source version current through Jan 31, 2026

Later State Register activity may affect this section.

Dates and status

NYCRR title agency: Department of Civil Service
Section status: Section source receipt
Source version current through: Jan 31, 2026

(a)Where there are among residents of the State of New York ample numbers of qualified persons available for recruitment for a given class of positions in the service of the State, the Department of Civil Service may require applicants for competitive examination for original appointment to such positions to be residents of the State of New York. In such case, an applicant must be, at the time of examination and for at least four months immediately prior thereto, a resident of the State of New York and must be such resident at the time of certification and appointment.

(b)When certification for appointment to a position in the State service is to be made from among residents of a defined geographical area, an applicant must be, at the time of examination and for at least 30 days prior thereto, a resident of such geographical area in order to be included in any certification limited to residents of such area and must be such resident at the time of certification and appointment.

4 NYCRR 3.2 - Disqualification

Source version current through Jan 31, 2026

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Department of Civil Service
Section status: Section source receipt
Source version current through: Jan 31, 2026

(a)Good moral character and habits and a satisfactory reputation shall be requirements for appointment to a position subject to these rules. Any applicant who is found to lack such requirements shall be disqualified for examination or, after examination, for certification and appointment.

(b)A record of disrespect for the requirements and processes of law, including repeated traffic offenses or disregard of summonses for traffic offenses, may be grounds for disqualification for examination or, after examination, for certification and appointment.

(c)The burden of establishing his qualifications to the satisfaction of the Civil Service Department shall be upon the applicant. Any applicant who refuses to permit the department to investigate matters necessary for the verification of his qualifications or who otherwise hampers, impedes or fails to cooperate with such department in such investigation shall be disqualified for examination or, after examination, for certification and appointment.

4 NYCRR 3.3 - Qualifications for promotion

Source version current through Jan 31, 2026

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Department of Civil Service
Section status: Section source receipt
Source version current through: Jan 31, 2026

(a)In order to be eligible to enter an examination for promotion or to receive promotion, a person must have been employed in a competitive class position on a permanent basis in a lower grade, either in direct line of promotion or in a related or collateral line of promotion as determined by the Civil Service Department. The department shall prescribe a minimum period of such service for eligibility to enter a promotion examination, and may also prescribe a minimum period of such service as a qualification for promotion from the resulting eligible list.

(b)Any person who is nominated for noncompetitive examination for promotion to a position and who fails to pass two examinations for such promotion shall not thereafter be eligible for employment in such position, except by appointment or promotion from an eligible list established following competitive examination.

4 NYCRR 3.4 - Ineligibility of promotion candidates for simultaneous open competitive examination

Source version current through Jan 31, 2026

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Department of Civil Service
Section status: Section source receipt
Source version current through: Jan 31, 2026

An employee who is a candidate in a promotion examination for a title unique to an agency or is a candidate in an interdepartmental promotion examination shall not be eligible to enter additionally an open competitive examination held at the same time for the same title.

4 NYCRR 3.5 - Rating of examinations

Source version current through Jan 31, 2026

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Department of Civil Service
Section status: Section source receipt
Source version current through: Jan 31, 2026

(a)The subjects of an examination shall be given such relative weights as the president of the commission 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 average scores earned by passed candidates in the other parts of the examination.

(b)After a candidate's rating has been determined, he shall be notified of such rating unless he has otherwise been disqualified.

(c)In an examination in which the number of candidates is expected to greatly exceed the number of existing and anticipated vacancies, the president of the commission may prescribe that the passing mark shall be the lowest grade received among a certain fixed number of the candidates graded highest in such examination or in any subject of such examination. Whenever the president 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.

(d)In examinations where the competition is small in relation to the number of positions to be filled or in examinations which prove to be unusually difficult so that an adequate number of eligibles cannot otherwise be obtained, the president may authorize the use of any type or combination of types of conversion methods, set forth in the regulations, in the rating of such examinations.

4 NYCRR 3.6 - Establishment of eligible lists

Source version current through Jan 31, 2026

Later State Register activity may affect this section.

Top

Dates and status

NYCRR title agency: Department of Civil Service
Section status: Section source receipt
Source version current through: Jan 31, 2026

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 was examined and his name shall be entered on the eligible list in the order of his 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 Civil Service Department.

4 NYCRR 3.7 - Earlier source heading: [Repealed]

Top

Dates and status

NYCRR title agency: Department of Civil Service
Section status: Section source receipt

Current section text is not available here.

LawEngine makes the New York Codes, Rules and Regulations easier to find, read, and research.