4 NYCRR Part 55 - Department of Civil Service

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Source version current through Jan 31, 2026

All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

4 NYCRR 55.1 - Committees on appeals

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

The commission shall appoint committees on appeals, each consisting of one or more members designated by the commission, to whom appeals shall be submitted and who shall report thereon at a subsequent meeting of the commission.

4 NYCRR 55.2 - Subject of appeals

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Dates and status

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

A committee on appeals shall consider only such appeals as clearly demonstrate a manifest material error or mistake appearing in a rating key or scale or in the application of such key or scale to candidate test papers or other records of examination performance or eligibility for appointment and only if such error or mistake affects the eligibility or relative standing of candidates. Further, the committee on appeals shall not consider the appeal of a candidate whose score, at the time of the establishment of the eligible list, is equal to or higher than the final examination rating of the third highest standing eligible. Provided, however, that the committee shall consider such appeal where the candidate's reachability for appointment is affected by the committee's determination of another appeal and he or she has timely filed a notice of intent to appeal.

4 NYCRR 55.3 - Pre-list review

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Dates and status

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

The director of examinations or his designee may, by appropriate notice, invite candidate review of and the submission of objections with respect to a tentative rating key for short-answer written tests constituting all or part of an examination for the purpose of enabling a committee on appeals to recommend a final rating key which, upon approval by the commission, shall be applicable to all candidates. Such review may, but need not be limited to locations in Albany, Buffalo and New York City. The eligible list may be established pending consideration of the rating key by the commission, in which event objections to the tentative rating key filed by candidates shall constitute appeals to the commission. Every candidate shall be granted an opportunity to inspect his scored answer papers, or a photographic copy thereof, and the rating key and scoring tables in order to detect any errors in the application of such rating key to his answer sheet.

4 NYCRR 55.4 - Post-list appeal procedure

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Dates and status

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

In cases other than those in which prior approval of the rating key has been granted by the commission or review and submission of objections have been invited under section 55.3 of this Part, a committee on appeals shall consider appeals subsequent to the establishment of the eligible list subject to the following terms and conditions:

(a)Upon the establishment of an eligible list resulting from competitive examination, the department shall notify each candidate therein of the rating he has received and, if such rating be above the required minimum, of his comparative standing on the eligible list. Any candidate receiving such notice may personally inspect his examination papers in the presence of a designated representative of the department, provided he makes request for such inspection, in writing, within the period of five business days after the date of postmark of such notice, and provided that either he received a rating of 65 or higher if the examination consisted wholly of short-answer type questions (i.e., multiple-choice, or other questions which are scored only as wholly right or wholly wrong) or he received a rating of 60 or higher if the examination consisted of other types of questions or he is granted special permission by the commission to inspect his papers.

(b)A candidate who wishes to appeal to the commission from his rating in one, or more, or all of the subjects of an examination in order to establish eligibility or improve his relative standing must submit such appeal in writing at the review center on the date or dates on which his examination papers are made available for his inspection. Such appeal shall be considered as opening for review all of the competitor's papers in such subject or subjects of the examination on which he has appealed, whether resulting in a higher or lower average rating in such subject or subjects of the examination. However, unless by special action of the commission, no consideration shall be given an appeal for re-rating of a subject of the examination rated below 60 or for the re-rating of a written examination rated below 65 where such written examination consists wholly of short-answer type questions (i.e., multiple-choice, or other questions which are scored only as wholly right or wholly wrong).

(c)The commission shall correct any manifest error or mistake of marking or rating appearing in the candidate's examination papers or records in the subject or subjects of the examination on which he has appealed but such correction shall not prejudice the status of any person previously appointed as a result of such examination.

4 NYCRR 55.5 - Prior approval procedure

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Dates and status

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

(a)Upon the request of the director of examinations or his or her designee, the commission may grant prior approval of a rating key where:

(1)the test material has been used previously, has previously been subject to candidate review, and the analysis of the item response data and the candidate review and appeals history clearly indicates that the rating key represents the correct or best answers;

(2)the test material contains sufficient information to allow candidates to determine the correct answers; or

(3)it is demonstrated that subject matter experts have reviewed the items to confirm that the concepts are current and appropriate for use and that the rating key represents the only correct answers among the alternatives presented.

(b)Where commission approval is not granted prior to the administration of the test, the rating key shall be subject to review under sections 55.3 and 55.4 of this Part.

(c)Where the commission has granted prior approval of a rating key and the director thereafter recommends a change in such rating key, the director shall submit the amended rating key together with a justification for the changes requested to the commission for final approval of the rating key prior to establishment of the eligible list.

4 NYCRR 55.6 - Terms and conditions

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Dates and status

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

The following terms and conditions shall apply to every examination review and appeal referred to in this Part:

(a)A candidate who has participated in an oral examination or an examination which contains an oral test shall be permitted to bring with him representatives to personally review the record of such examination or test; provided, however, that nothing herein shall be construed as permitting the use of such representatives in the review of a written examination or a written test. All aspects of the representation permitted by this subdivision shall be in accordance with the terms and conditions as may be prescribed by the director of examinations or his designee.

(b)A candidate shall be permitted to bring books and other references to the examination review center.

(c)Candidates shall be supplied with appropriate forms for noting their objections and exceptions and shall submit theses to the Civil Service Department representative at the review center, but shall not be permitted to copy any questions or answers.

(d)The identity of a candidate appealing from a rating key or its application to his paper shall not be disclosed to any person who shall advise regarding, pass judgment upon, or make a determination of such appeal.

4 NYCRR 55.7 - Construction

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Dates and status

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

The provisions of this Part shall not be held to prevent the commission or the Department of Civil Service from correcting an obvious clerical error at any time during the life of an eligible list.

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