Title 4 Part 70

In order to prevent the unauthorized publication and dissemination of examination questions, no candidate in any examination shall copy, record or transcribe any examination question or answer or remove from the examination room any question sheet, answer sheet or booklet, scrap papers, notes or any other papers or materials relating to such examination. In addition, where an oral test is conducted, a candidate shall not at any time communicate with an oral test examiner concerning the conduct or content of such test, and shall not directly or indirectly communicate to any other person information concerning the content of such test until completion of the testing of all candidates. No examiner, proctor or other person charged with the supervision of a candidate or group of candidates during an examination or oral test shall have authority to waive the provisions of this section. The president may disqualify any candidate or refuse to certify any eligible who is found to have violated the provisions of this section.

Copies of questions used in examinations shall not be furnished except in cases where they are published by the department for general information.

All question sheets, answer sheets and other examination materials furnished to municipal civil service commissions in connection with examination services rendered to such municipal commissions by the Department of Civil Service pursuant to the provisions of section 23(2) of the Civil Service Law are and shall at all times remain the property of the department and subject to the jurisdiction and control of the department. In order to safeguard the security of examination questions in any such examination, all examination question sheets for such examination shall be furnished to the municipal commission in a separate sealed package and shall be opened by such municipal commission, or its duly authorized representative in charge of such examination. All question and answer sheets and other examination materials shall be packaged and sealed by such municipal commission, or its representative in charge of such examination, immediately after the close of such examination and shall be returned forthwith to the Department of Civil Service. The failure or refusal by a municipal commission to observe and comply with the provisions of this Part may be deemed by the president as adequate and sufficient grounds for refusal to furnish any further examination materials or services to such municipal commission.

To facilitate the security of examination materials, a test shall be administered only on the announced date (if any), with due provision being made for religious observance; provided, however, the State Department of Civil Service may provide for rescheduling the administration of a test to a candidate under such circumstances of personal hardship and under such conditions as may be defined by that department.