Determination of eligibility for appointment to a position
Compiled text through Jan 31, 2026
Register checked through Jul 29, 2026
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Department of Civil Service
- Text status
- Source receipt
- Compiled text through
- Jan 31, 2026
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 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.