4 NYCRR Part 58 - 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.

Source version current through Jan 31, 2026

All 3 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

4 NYCRR 58.1 - Definitions

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

Whenever used in this Part:

(a)The term eligible person means a person certified by the employee health service as being either physically or mentally handicapped and capable of performing the essential duties of the position for which he or she is applying or is being nominated.

(b)The term appointment means the employment of an eligible person pursuant to section 55-b or 55-c of the Civil Service Law.

4 NYCRR 58.2 - Determination of eligibility for appointment to a position

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)Any person who believes himself or herself to be eligible for appointment pursuant to section 55-b or 55-c may apply to the Department of Civil Service on a form to be prescribed by the department.

(b)An appointing authority may nominate any person, who appears to be eligible, for appointment to a position in the competitive class pursuant to section 55-b or 55-c.

(c)The employee health service of the Department of Civil Service shall make all determinations regarding the existence of a qualifying disability and shall, in addition, determine whether the person is capable of performing the essential duties of the position.

(d)Such person must additionally meet the minimum qualifications for the position being sought.

(e)If the employee health service determines that the documentation submitted is insufficient to make a determination as to whether or not a person is eligible, the employee health service may require the person to submit further evidence or to undergo a medical examination by an employee health service physician.

(f)If upon a review of submitted documentation or a medical examination the employee health service determines that a person is not eligible, the employee health service shall:

(1)advise the person seeking appointment pursuant to section 55-b or 55-c and the appointing authority, if appropriate, of such determination in writing within 30 days of the receipt of the requested documentation or medical examination, whichever occurs later; and

(2)shall advise the person in such writing of the reason or reasons why it did not certify him or her as eligible and of his or her right to appeal such determination to the Civil Service Commission.

(g)If upon such examination the employee health service determines that an individual nominated for appointment is physically or mentally handicapped and is able to perform the essential duties of the position for which he or she has been nominated, the employee health service shall certify such person as eligible for appointment pursuant to section 55-b or 55-c of the Civil Service Law.

4 NYCRR 58.3 - Appeals

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 person found not eligible by the employee health service may appeal that determination to the Civil Service Commission. Such appeal shall be in writing and shall state the reasons why the individual believes that the determination of the employee health service is incorrect. An appeal must be received by the Civil Service Commission within 30 days of the date of the written notice of the determination by the employee health service. The commission shall consider such reasons, together with the report of the employee health service, in making its determination. The commission may designate a physician to examine the individual, other than the physician who first examined the person. The determination of the commission as to whether the person nominated for appointment pursuant to section 55-b or 55-c is eligible for appointment pursuant to section 55-b or 55-c of the Civil Service Law shall be a final determination within the meaning of article 78 of the Civil Practice Law and Rules.

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