 |
| PART 25. Career Service |
| Commercial
reuse of the Rules as they appear on this web site is
prohibited. The official version of the Rules published
in the NYCRR is available on Westlaw. |
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25.1 Application
25.2 Intent.
25.3 [Repealed]
25.4 General provisions
25.5 Classification and allocation
25.6 [Repealed]
25.7 Classified service
25.8 Exempt class
25.9 Noncompetitive class
25.10 Labor class
25.11 Competitive class
25.12 Private institutions or enterprises acquired
by UCS
25.13 Applications and examinations
25.14 Filling vacancies by open competitive
examination
25.15 Filling vacancies by promotion examinations
25.16 Equal employment opportunity
25.17 Duration of an eligible list
25.18 Establishment of a continuing eligible
list
25.19 Certification of eligibles
25.20 Appointment or promotion of eligibles
25.21 Oath of office
25.22 Probation
25.23 Temporary and emergency appointments
25.24 Contingent permanent appointments
25.25 Provisional appointments
25.26 Transfers and reassignments
25.27 Incapacitated employees
25.28 Resignations
25.29 Removal or disciplinary action
25.30 Abolition or reduction of positions
25.31 Establishment of preferred lists
25.32 Credits and preferences for veterans or
disabled veterans
25.33 Transfer of veterans or exempt vol. firemen
. . .
25.34 Duties of public officers with respect
to this Part
25.35 Reports of appointing authorities; official
roster
25.36 Certification of payrolls
25.37 [Repealed]
25.38 [Repealed]
25.39 [Repealed]
25.40 [Repealed]
25.41 Review procedure for classification .
. .
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| Section
25.1 Application.
This Part shall apply to employees of the Unified Court
System other than judges and elective officers.
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| Section
25.2 Intent.
The purpose of these rules is to provide
for the employees of the Unified Court System a career and
merit system consistent with the Civil Service Law.
Historical Note
Sec. amds. filed: Feb. 2, 1982; Jan. 15, 1987 eff. Jan. 1,
1987. |

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| Section
25.3 [Repealed]
Historical Note
Sec. amd. filed Feb. 2, 1982; repealed, filed Jan. 15, 1987
eff. Jan. 1, 1987. |

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| Section
25.4 General provisions.
(a) Delegation. All powers
and duties of the Chief Administrator of the Courts set forth
in this Part may be delegated by the Chief Administrator to
any deputy, assistant, administrative judge or court.
(b) Changes in Civil Service Law. The Chief Administrator
of the Courts may implement for employees of the Unified Court
System, for a period of no greater than six months, procedures
consistent with any changes in the Civil Service Law pending
formal consideration of these changes through amendments to
this Part.
(c) Any provision in this Part requiring the return to a
previously held position by an employee on any type of leave
of absence shall be deemed to permit the assignment of said
employee to any position with the same title in the same promotion
unit as the former position.
Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; repealed, new
filed Jan. 15, 1987 eff. Jan. 1, 1987. |

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| Section
25.5 Classification and allocation.
(a) The Chief
Administrator of the Courts shall have the power to classify
and reclassify, and to allocate and reallocate to an appropriate
salary grade, all positions in the classified service of the
Unified Court System.
(b) The Chief Administrator of the Courts may, in order
to implement a plan for the progressive advancement of employees
in an occupational group, based on their acquiring, as prescribed
by the Chief Administrator, training or experience or both,
reclassify the positions of the incumbents who meet the prescribed
qualifications to titles allocated to higher salary grades.
The advancement of an incumbent pursuant to this subdivision
shall not be deemed a reallocation.
(c) The effective date of any classification, reclassification,
allocation or reallocation shall be such date as is determined
by the Chief Administrator of the Courts. No employee whose
salary would be increased by any classification, reclassification,
allocation or reallocation shall have any claim for the difference,
if any, between his or her former salary and that which he
or she should receive as a result of that classification,
reclassification, allocation or reallocation for the period
prior to the date the change in title or salary grade becomes
effective.
(d) Review of classification and allocation. Any nonjudicial
employee, employee organization or court administrator directly
concerned in any classification or allocation of a position
in the Unified Court System may seek review of that classification
or allocation by submitting a request, in writing, to the
director of personnel of the Unified Court System setting
forth the basis of the change requested, together with any
supporting papers. The director of personnel shall conduct
such inquiry as is necessary and recommend to the Chief Administrator
any required adjustments in the classification or allocation.
The Chief Administrator shall determine the request for review
and shall notify the employee, employee organization or administrator
of that determination.
(e) No classification or reclassification of a position
of a permanent employee shall diminish any existing salary
compensable on an annual basis so long as such position is
held by the then permanent incumbent.
Historical Note
Sec. amd. filed April 3, 1972; repealed, new filed Nov. 12,
1976; amd. filed Feb. 2, 1982; repealed, new filed Jan. 15,
1987 eff. Jan. 1, 1987. |

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| Section
25.6 [Repealed]
Historical Note
Sec. amd. filed Feb. 2, 1982; repealed, filed Jan. 15, 1987
eff. Jan. 1, 1987. |

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| Section
25.7 Classified service.
The classified service
shall comprise all offices and positions in the Unified Court
System except justices, judges, county clerks and housing
judges appointed pursuant to section 110 of the New York City
Civil Court Act. The offices and positions in the classified
service of the Unified Court System shall be divided into
four classes, to be designated as the exempt class, the noncompetitive
class, the labor class and the competitive class. The Chief
Administrator of the Courts shall determine the appropriate
class for each job title in the Unified Court System.
Historical Note
Sec. amds. filed: July 17, 1978; July 2, 1979; Feb. 2, 1982;
Jan. 15, 1987 eff. Jan. 1, 1987. |

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| Section
25.8 Exempt class.
The exempt class shall consist
of all offices or positions, other than unskilled labor positions,
for the filling of which competitive or noncompetitive examinations
may be found by the Chief Administrator of the Courts not
to be practicable.
Historical Note
Sec. amds. filed: July 17, 1978; Jan. 15, 1987 eff. Jan. 1,
1987. |

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| Section
25.9 Noncompetitive class.
The noncompetitive class
shall include all positions that are not in the exempt class
or the labor class and for which it is found by the Chief
Administrator of the Courts not to be practicable to ascertain
the merit and fitness of applicants by competitive examination.
Appointments to positions in the noncompetitive class shall
be made after such noncompetitive examination as is prescribed
by the Chief Administrator.
Historical Note
Sec. amds. filed: July 17, 1978; Feb. 2, 1982; Jan. 15, 1987
eff. Jan. 1, 1987. |

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| Section
25.10 Labor class.
The labor class shall comprise
all unskilled laborers in the Unified Court System. The Chief
Administrator of the Courts may, where practicable, require
applicants for employment in the labor class to meet minimum
qualifications and to qualify by examination.
Historical Note
Sec. amds. filed: July 17, 1978; Feb. 2, 1982 eff. Jan. 1,
1982. |

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| Section
25.11 Competitive class.
The competitive class shall
include all positions for which the Chief Administrator of
the Courts finds it is practicable to determine the merit
and fitness of applicants by competitive examination.
Historical Note
Sec. amds. filed: July 17, 1978; Jan. 15, 1987 eff. Jan. 1,
1987. |

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| Section
25.12 Private institutions or enterprises acquired by Unified
Court System.
(a) Whenever the Unified Court System
shall acquire a private institution or enterprise for the
purpose of operating it as a public function, the Unified
Court System may continue the employment of all officers or
employees thereof deemed necessary, who shall have been in
the employ of such private institution or enterprise for at
least one year prior to such acquisition. The positions so
held by such employees shall be in the noncompetitive class,
pending the jurisdictional classification or reclassification
of such positions by the Chief Administrator of the Courts,
and such employees shall continue to be employed in similar
or corresponding positions and shall have the seniority theretofore
held by them as among themselves. The Chief Administrator,
however, after notice to any such employee of the reasons
therefor, and after according such employee a hearing, may
exclude such employee from further employment if found by
the Chief Administrator not to be a person of good character.
(b) Not later than one year after the acquisition of such
private institution or enterprise, the Chief Administrator
of the Courts shall classify or reclassify the various positions.
The then incumbents of such positions who are employed therein
at the time of the acquisition of the private institution
or enterprise and who were so employed for at least one year
prior to such acquisition shall continue to hold their positions
without further examination and shall have all the rights
and privileges of the jurisdictional class to which such positions
may be allocated; provided, however, that after such acquisition
all new positions thereafter created and vacancies occurring
in positions already established shall be filled in accordance
with the provisions of this Part.
Historical Note
Sec. amds. filed: July 17, 1978; Feb. 2, 1982; Jan. 15, 1987
eff. Jan. 1, 1987. |

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| Section
25.13 Applications and examinations.
(a) Positions
subject to competitive examinations. The merit and fitness
of applicants for positions which are classified in the competitive
class shall be ascertained by such examinations as may be
prescribed by the Chief Administrator of the Courts.
(b) Announcement of examination. The Chief Administrator
of the Courts shall issue an announcement of each competitive
examination, setting forth the minimum qualifications required,
the subjects of examination, and such other information as
he or she may deem necessary, and shall advertise such examination
in such manner as the nature of the examination may require.
Such announcement and advertisement shall each inform prospective
applicants of the availability of special accommodations for
taking of examinations as provided in subdivisions (g) and
(h) of this section.
(c) Applications. The Chief Administrator of the Courts
shall require prospective applicants for any positions to
file, during a prescribed time, a formal application in which
the applicant shall state such information as may reasonably
be required regarding his or her background, experience and
qualifications for the position sought, and his or her merit
and fitness for the public service. The application shall
be subscribed by the applicant and shall contain an affirmation
by him or her that the statements therein are true, and shall
bear a form notice to the effect that false statements made
therein are punishable under section 210.45 of the Penal Law.
Blank forms of such applications shall be furnished by the
Chief Administrator without charge to all persons requesting
the same. The Chief Administrator may require in connection
with such application such information as the good of the
service may require.
(d) Disqualification of applicants or eligibles.
(1) The Chief Administrator of the Courts may refuse to
examine an applicant, or after examination to include a candidate
on the eligible list, or may remove or restrict from the eligible
list, or may refuse to appoint, an applicant or eligible:
(i) who is found to lack any of the established requirements
for admission to the examination or for appointment to the
position for which he or she applies; or
(ii) who is found to have a physical or mental disability
which renders him or her unfit for the performance, with or
without reasonable accommodation, of the essential functions
of the position in which he or she seeks employment, or which
creates a significant risk to the health or safety of the
individual or of others that cannot be eliminated with reasonable
accommodation; or
(iii) who has been guilty of a crime; or
(iv) who has been dismissed from a permanent position in
the public service upon stated written charges of incompetency
or misconduct, after an opportunity to answer such charges
in writing, or who has resigned from, or whose service has
otherwise been terminated in, a permanent or temporary position
in the public service, where it is found after appropriate
investigation or inquiry that such resignation or termination
resulted from his or her incompetency or misconduct; or
(v) who has intentionally made a false statement of any
material fact in his or her application; or
(vi) who has practiced, or attempted to practice, any deception
or fraud in his or her application, in his or her examination,
or in securing eligibility or appointment; or
(vii) who has been dismissed from private employment because
of poor performance, incompetency or misconduct; or
(viii) who lacks good moral character; or
(ix) who has a record of disrespect for the requirements
and processes of law, including repeated traffic offenses
or disregard of summonses for traffic offenses.
(2) No person shall be disqualified pursuant to this subdivision
unless he or she has been given a written statement of the
reasons therefor and afforded an opportunity to make an explanation
and to submit facts in opposition to such disqualification.
The applicant shall have the buren of establishing his or
her qualifications to the satisfaction of the Chief Administrator
of the Courts. Any applicant who refuses to permit the Chief
Administrator to investigate matters necessary for the verification
of his or her qualifications or who otherwise hampers, impedes
or fails to cooperate in such investigation shall be disqualified
as set forth in paragraph (1) of this subdivision.
(3) Notwithstanding any other provision of this Part, the
Chief Administrator of the Courts may investigate the qualifications
and background of an eligible after he or she has been appointed
from the list, and upon finding facts which, if known prior
to appointment, would have warranted his or her disqualification,
or upon a finding of illegality, irregularity or fraud of
a substantial nature in his or her application, examination
or appointment, may revoke such eligible's certification and
appointment and direct that his or her employment be terminated;
provided, however, that no such certification shall be revoked
or appointment terminated more than three years after it is
made, except in the case of fraud.
(e) Application fees. The Chief Administrator of the Courts
may require applicants for any positions to pay application
and processing fees in a manner and amount prescribed by the
Chief Administrator.
(f) Scope of examination. Examinations shall relate to those
matters which will fairly test the relative capacity and fitness
of the persons examined to discharge the duties of that service
into which they seek to be appointed. The Chief Administrator
of the Courts shall establish an eligible list on the basis
of ratings received by the candidates in the competitive portions
of the examination, and may thereafter conduct medical, physical
ability, psychological and other appropriate noncompetitive
qualifying tests as required.
(g) Examination of candidates unable to attend tests because
of religious observance. A person who, because of religious
beliefs, is unable to attend and take an examination scheduled
to be held on a day which is a religious holiday observed
by such person shall be permitted to take such examination
on some other day designated by the Chief Administrator of
the Courts at a reasonable comparable time and place without
any additional fee or penalty.
(h) Examinations of disabled persons. Where an applicant
is not so physically or mentally disabled as to prevent him
or her from satisfactorily performing, with or without reasonable
accommondation, the essential functions of the position for
which her or she is applying, to insure competitive equality
between the disabled person and persons not so disabled in
connection with interviews and the taking of examinations,
the Chief Administrator, upon request, may furnish appropriate
auxiliary aids or services and, when necessary, allow additional
time for examinations.
(i) Residence requirements for Unified Court System positions.
The Chief Administrator of the Courts may prescribe residency
requirements for positions in the Unified Court System.
(j) Rating of examinations.
(1) The subjects of an examination shall be given such relative
weight as the Chief Administrator of the Courts 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 scores earned by passed candidates
who have passed all other parts of the examination.
(2) After a candidate's rating has been determined, he or
she shall be notified of such rating unless he or she has
otherwise been disqualified.
(3) In an examination in which the number of candidates
is expected to greatly exceed the number of existing and anticipated
vacancies, the Chief Administrator of the Courts may prescribe
that the passing mark shall be the lowest grade received among
a certain fixed number of candidates graded highest in such
examination or in any subject of such examination. Whenever
the Chief Administrator 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.
(4) The Chief Administrator of the Courts may authorize
the use of any professionally recognized examination scoring
and conversion methods, taking into consideration the type
of examination, the examination difficulty, the size of the
applicant population in relation to the number of positions
to be filled, labor market conditions, or other factors which
can affect the number and quality of eligibles.
(k) Establishment of eligible lists. 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 or she was examined,
and his or her name shall be entered on the eligible list
in the order of his or her 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 Chief Administrator
of the Courts.
Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; Jan. 15, 1987;
July 18, 1996 eff. June 28, 1996. Amended (d), (f), (h). |

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| Section
25.14 Filling vacancies by open competitive examination.
The Chief Administrator of the Courts may conduct an open
competitive examination for filling a vacancy or vacancies
instead of a promotion examination. Any employee or employee
organization may submit to the Chief Administrator a request,
in writing, for a promotion examination, rather than an open
competitive examination, stating the reasons why it is practicable
and in the public interest to fill the vacancy by promotion
examination.
Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; Jan. 15, 1987
eff. Jan. 1, 1987. |

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| Section
25.15 Filling vacancies by promotion examinations.
(a) Filling vacancies by promotion. Except as provided in
section 25.14 of this Part, vacancies in positions in the
competitive class shall be filled, as far as practicable,
by promotion from among persons holding, at the time of the
examination for promotion or at the time of appointment, competitive
class positions on a permanent basis in a lower title in the
promotion unit in which the vacancy exists, provided that
such lower-titled positions are in direct line of promotion,
as determined by the Chief Administrator of the Courts; except
that where the Chief Administrator determines that it is impracticable
or against the public interest to limit eligibility for promotion
to persons holding lower-titled positions in direct line of
promotion, the Chief Administrator may extend eligibility
for promotion to persons holding competitive class positions
in lower titles which the Chief Administrator determines to
be in related or collateral lines of promotion, or in any
comparable positions in the Unified Court System. The Chief
Administrator may prescribe minimum training and experience
qualifications for eligibility to take a promotion examination
and for promotion.
(b) Factors in promotion. Promotion shall be based on merit
and fitness as determined by examination, due weight being
given to seniority. The previous training and experience of
the candidates, and performance ratings where available, may
be considered and given due weight as factors in determining
the relative merit and fitness of candidates for promotion.
(c) Promotion eligibility of persons on preferred lists
and employees on leave of absence. Any employee who has been
suspended from his or her position through no fault of his
or her own and whose name is on a preferred list, and any
employee on leave of absence from his or her position, shall
be allowed to compete in a promotion examination for which
he or she would otherwise be eligible on the basis of his
or her actual service before suspension or leave of absence.
(d) General and promotion unit eligible lists. Promotion
examinations may be held for such subdivisions of the Unified
Court System as the Chief Administrator may determine to be
appropriate promotion units. No general promotion eligible
list shall be certified for any promotion unit until after
the promotion unit eligible list for that promotion unit has
been exhausted.
(e) Promotion by noncompetitive examination.
(1) Whenever there are no more than three persons eligible
for examination for promotion to a vacant competitive class
position, or whenever no more than three persons file applications
for examination for promotion to such position, one of such
persons may be nominated and, upon passing an examination
appropriate to the duties and responsibilities of the position,
may be promoted. Any person who is nominated for noncompetitive
examination for promotion to such 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.
(2) An examination may be waived for noncompetitive promotion
where the nominee has already qualified in an examination
appropriate to the duties and responsibilities of the position.
(f) Limitation upon promotion. No person shall be promoted
to a position or title for which there is required an examination
involving essential tests or qualifications different from
or higher than those required for the position or title held
by such person unless he or she has passed the examination
and is eligible for appointment to such higher position or
title.
(g) Credit for provisional service. No credit in a promotion
examination shall be granted to any person for any time served
as a provisional appointee in the position to which promotion
is sought or in any similar position; provided, however, such
provisional appointee by reason of such provisional appointment
shall receive credit in his or her permanent position from
which promotion is sought for such time served in such provisional
appointment.
(h) Extension of promotion examinations. Notwithstanding
any other provision in this Part, the Chief Administrator
of the Courts may, for designated titles:
(1) extend to employees in the Unified Court System who
are holding or who have held a position in the noncompetitive,
exempt or labor class of such service, the same opportunity
as employees in the competitive class to take promotion examinations
(i) if said employees in the past have held qualifying competitive
class positions for that examination on a permanent basis,
or (ii) if such examinations are to be held in conjunction
with open competitive examinations; and
(2) extend to employees in the Unified Court System who
are holding or who have held a position in the noncompetitive
class pursuant to the provisions of section 25.16(b) of this
Part, or to disabled veterans of the Vietnam era as defined
in section 85 of the Civil Service Law, the same opportunities
to take promotion examinations as provided to employees in
the competitive class.
(i) Appointment or promotion to noncompetitive or exempt
positions from competitive positions. An employee holding
a permanent position in the competitive class who accepts
an appointment or promotion to a position in the noncompetitive
or exempt class, and to any successive positions in either
of those classes, shall be eligible to return to his or her
former competitive class position, in the manner provided
herein, upon termination of employment in the noncompetitive
or exempt position for reasons other than misconduct or incompetency.
Upon such termination, and upon request, the name of the employee
shall be placed on a preferred list for his or her former
position pursuant to section 25.31 of this Part, and the employee
shall be eligible for reinstatement from such preferred list
for a period of four years.
Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; Jan. 15, 1987;
June 17, 1987 eff. May 28, 1987. Added (i). |

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| Section
25.16 Equal employment opportunity.
(a) It is the
policy of the New York State Unified Court System to ensure
equal employment opportunity for all employees and applicants
for employment, without regard to race, color, national origin,
religion, creed, sex (including freedom from sexual harassment),
sexual orientation, age, marital status, disability, or, in
certain circumstances, prior criminal record. No person shall
be prevented from qualifying for employment in any position
in the Unified Court System because of any of these factors,
unless these factors are bona fide occupational qualifications.
(b) The Chief Administrator of the Courts may determine
up to 100 positions in the competitive class with duties such
as can be performed by physically or mentally disabled persons
who are found otherwise qualified to perform satisfactorily
the duties of any such position. Upon such determination,
the position shall be classified in the noncompetitive class,
and may be filled only by persons who shall have been certified
by an appropriate agency as being either physically or mentally
disabled, but capable of performing the duties of such positions.
Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; repealed, new
filed Jan. 15, 1987; amd. filed July 18, 1996 eff. June 28,
1996. |

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| Section
25.17 Duration of an eligible list.
The duration
of an eligible list shall be fixed at not less than one nor
more than four years, provided that:
(a) where vacancies cannot be filled from an eligible list
because of restrictions on filling vacancies based upon a
financial emergency, the Chief Administrator of the Courts
may extend the duration of that eligible list up to a period
equal to the length of such restriction against the filling
of vacancies; and
(b) in exceptional circumstances and where an examination
already has been scheduled for a title, the Chief Administrator
may extend the duration of an eligible list for that title
up to the date of the certification of the new eligible list
resulting from that examination, but in no event for more
than one year.
An eligible list that has been in existence for one year
or more shall terminate upon establishment of an appropriate
new list, unless otherwise prescribed by the Chief Administrator.
Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; repealed, new
added by renum. and amd. 25.19, filed Jan. 15, 1987 eff. Jan.
1, 1987. |

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| Section
25.18 Establishment of a continuing eligible list.
The Chief Administrator of the Courts may establish a continuing
eligible list for any class of positions for which inadequate
numbers of qualified persons are found available for recruitment
or appointment. Names of eligibles shall be inserted in such
list from time to time as applicants are tested and found
qualified in examinations held at such intervals as may be
prescribed by the Chief Administrator. Such successive examinations
shall, so far as practicable, be constructed and rated so
as to be equivalent tests of the merit and fitness of candidates.
The name of any candidate who passes any such examination
and who is otherwise qualified shall be placed on the continuing
eligible list in the rank corresponding to his or her final
rating on such examination. The period of eligibility of successful
candidates for certification and appointment from such continuing
eligible list, as a result of any such examination, shall
be fixed by the Chief Administrator but, except as a list
may reach an announced terminal date, such period shall not
be less than one year; nor shall such period of eligibility
exceed four years, except as provided in section 25.17 of
this Part. Subject to such conditions and limitations as the
Chief Administrator may prescribe, a candidate may take more
than one such examination; provided, however, that no such
candidate shall be certified simultaneously with more than
one rank on the continuing eligible list. With respect to
any candidate who applies for and is granted additional credit
in any such examination as a disabled or nondisabled veteran,
and for the limited purpose of granting such additional credit,
the eligible list shall be deemed to be established on the
date on which his or her name is added thereto.
Historical Note
Sec. amd. filed Feb. 2, 1982; repealed, new added by renum.
and amd. 25.20, filed Jan. 15, 1987 eff. Jan. 1, 1987. |

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| Section
25.19 Certification of eligibles.
(a) Certification
of eligibles from prior list. When an eligible list has been
in existence for less than one year and contains the names
of fewer than three persons willing to accept appointment,
and a new list for the same position or group of positions
is established, the names of the persons remaining on the
old list shall have preference in certification over the new
list until such old list is one year old, and during such
period such names shall be certified along with enough names
from the new list to provide the appointing officer with a
sufficient number of eligibles from which selection for appointment
may be made. Where an old list which has been in existence
for one year or more is continued upon the establishment of
a new list which contains fewer than three names, the Chief
Administrator of the Courts may certify the names on the old
list along with enough names from the new list to provide
the appointing officer with a sufficient number of eligibles
from which selection for appointment may be made.
(b) Certification on basis of sex. The Chief Administrator
may limit certification from an eligible list to one sex when
the duties of the position involved require sex selection
as a bona fide occupational qualification.
(c) Certification of lists for court positions.
(1) Certifications for appointments to positions in the
court service, regardless of the location thereof, shall be
made from statewide lists of eligibles.
(2) The Chief Administrator of the Courts shall determine
the eligible list most nearly appropriate for the position
to be filled, and shall certify a sufficient number of eligibles
from which selection for appointment may be made. When the
name of any eligible is included in a certification for appointment,
the names of all other eligibles on the list having the same
final rating as such eligible shall likewise be included in
such certification.
(3) When an eligible is canvassed for or is offered appointment
in writing, and fails to state his or her willingness to accept
such appointment within seven business days after the mailing
of such canvass or offer, or before the end of the second
succeeding business day if such canvass or offer is sent by
telegram or express mail, he or she may be considered as ineligible
for purposes of making selection for such particular appointment.
(4) The name of any eligible who fails to reply to an offer
of or canvass for appointment, or who declines or indicates
unwillingness to accept appointment, or who fails to report
for work after accepting an offer of appointment, may be withheld
from further certification from the eligible list. The name
of such eligible may again be certified upon his or her request,
and the submission by such eligible of reasons satisfactory
to the Chief Administrator for declination or failure to reply
or to accept appointment or to report to work.
Historical Note
Sec. amds. filed: Feb. 2, 1982; Oct. 22, 1986; renum. 25.17,
new added by renum. and amd. 25.21, filed Jan. 15, 1987 eff.
Jan. 1, 1987. |

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| Section
25.20 Appointment or promotion of eligibles.
(a)
Appointment or promotion from eligible lists.
(1) Appointment or promotion from an eligible list to a
position in the competitive class shall be made by the selection
of one of the three persons certified by the Chief Administrator
of the Courts as standing highest on such eligible list who
are willing to accept such appointment or promotion; provided,
however, that where it is necessary to break ties among eligibles
having the same final examination ratings in order to determine
their respective standings on the eligible list, appointment
or promotion may be made by the selection of any eligible
whose final examination rating is equal to or higher than
the final examination rating of the third highest standing
eligible willing to accept such appointment or promotion.
Appointments and promotions shall be made from the eligible
list most nearly appropriate for the position to be filled.
Persons on a certified eligible list who are considered and
not selected for appointment or promotion pursuant to this
paragraph shall, whenever another candidate is appointed or
promoted, be given written notice of such nonselection.
(2) Whenever a vacancy exists in a competitive class position
and an open competitive examination does not result in an
eligible list containing the names of at least three persons
willing to accept appointment, a person may be nominated for
noncompetitive examination for such position. If such nominee
shall be certified by the Chief Administrator as qualified,
he or she may be appointed to fill such vacancy. The Chief
Administrator also may designate an eligible list as a continuing
eligible list in accordance with section 25.18 of this Part.
(b) Prohibition against out-of-title work. No person shall
be appointed, promoted or employed under any title not appropriate
to the duties to be performed and, except upon assignment
by proper authority during the continuance of a temporary
emergency situation, no person shall be assigned to perform
the duties of any position unless he or she has been duly
appointed, promoted, transferred, reassigned or reinstated
to such position in accordance with the provisions of this
Part. No credit shall be granted in a promotion examination
for out-of-title work.
(c) Trainee appointments. The Chief Administrator may require
that permanent appointments or promotions to designated positions
shall be conditioned upon the satisfactory completion of a
term of service as a trainee in such a position or in an appropriate,
lower, training title or the completion of specified training
or academic courses, or both. Upon the satisfactory completion
of such training term, and of specified courses if required,
an appointee shall be entitled to full permanent status in
the position for which appointment was made. Any appointment
hereunder shall be subject to such probationary period as
is prescribed in this Part. The employment of such person
may be discontinued at the end of the term of training service
if his or her conduct, capacity or fitness is not satisfactory,
or at any time if he or she fails to pursue or continue satisfactorily
such training or academic courses as may be required.
(d) Seasonal positions.
(1) Positions in the competitive class where the nature
of service is such that it is not continuous throughout the
year, but recurs in each successive year, except as herein
otherwise provided, shall be designated as seasonal positions
and shall be subject to the provisions of this Part applicable
generally to positions in such class. Upon the expiration
of the employment season, the names of all persons employed
in such seasonal positions shall be entered upon a seasonal
reemployment list in the order of their first appointment
to the title vacated by them at the expiration of such employment
season. Such seasonal reemployment list shall be certified
at the commencement of or during the next employment season,
and the persons whose names appear thereon as still qualified
shall be entitled to reemployment in such positions in the
order in which their names appear on such list. Any person
may be reexamined with respect to physical fitness for the
performance of the duties of the position, and may be disqualified
for reemployment in the same manner and for any of the reasons
applicable to the disqualification of an eligible on an eligible
list resulting from open competitive examination.
(2) The name of any person on such list who is not reached
for reemployment shall remain on such list and shall be certified,
in the order of the date of his or her first appointment to
such position, during subsequent employment seasons; provided,
however, that the eligibility for reemployment of any such
person shall not continue for a period longer than three years
from the date of his or her separation from such seasonal
employment. A seasonal reemployment list shall not be deemed
to be a preferred list.
(3) Where a vacancy occurs in a full-time position having
a title and duties similar to those of a seasonal position
and for which no appropriate open competitive eligible list
is available, it may be filled by selection from among seasonal
employees. For that purpose, the Chief Administrator of the
Courts may certify, to fill such vacancy, the names of persons
holding comparable seasonal positions in the order of their
dates of original appointment in such positions or, if the
vacancy occurs at a time other than during the employment
season, the appropriate seasonal reemployment list. In such
case, appointment shall be made by the selection of a person
whose date of original appointment to the seasonal position
is the same as or earlier than the date of original appointment
of the third highest standing person certified who indicates
willingness to accept such appointment.
Historical Note
Sec. amd. filed Feb. 2, 1982; renum. 25.18, new added by renum.
and amd. 25.22, filed Jan. 15, 1987 eff. Jan. 1, 1987. |

|
| Section
25.21 Oath of office.
Every person employed by the
Unified Court System, except an employee in the labor class,
before he or she shall be entitled to enter upon the discharge
of any of his or her duties, shall take and file an oath or
affirmation in the form and language prescribed by the Constitution
for executive, legislative and judicial officers, which may
be administered by any officer authorized to take the acknowledgment
of the execution of a deed of real property, or by an officer
in whose office the oath is required to be filed. In lieu
of such oath administered by an officer, an employee may comply
with the requirements of this section by subscribing and filing
the following statement: "I do hereby pledge and declare
that I will support the Constitution of the United States,
and the Constitution of the State of New York, and that I
will faithfully discharge the duties of the position of .
. . according to the best of my ability." Such oath or
statement shall be required only upon original appointment
or upon a new appointment following an interruption of continuous
service, defined in section 25.30(b) of this Part, and shall
not be required upon promotion, demotion, transfer, or other
change of title during the continued service of the employee,
or upon reinstatement, pursuant to law or rules, of an employee
whose services have been terminated and whose last executed
oath or statement is on file. The oath of office heretofore
taken by any employee as previously required by law, and the
oath of office hereafter taken or statement hereafter subscribed
by any employee pursuant to this section, shall extend to
and encompass any position or title in which such person may
serve as an employee during the period of his or her continuous
service following the taking of such oath or subscribing of
such statement, and his or her acceptance of such new title
shall constitute a reaffirmance of such oath or statement.
The oath or statement of every employee of the Unified Court
System shall be filed in the administrative office for the
courts. The refusal or willful failure of such employee to
take and file such oath or subscribe and file such statement
shall terminate his or her employment until such oath shall
be taken and filed, or statement subscribed and filed, as
herein provided.
Historical Note
Sec. amd. filed Feb. 2, 1982; renum. 25.19, new added by renum.
and amd. 25.23, filed Jan. 15, 1987 eff. Jan. 1, 1987. |

|
| Section
25.22 Probation.
(a) Probationary term.
(1) Except as otherwise provided every permanent appointment
from an open competitive list and every original appointment
to the noncompetitive, exempt or labor class shall be subject
to a probationary term of not less than 26 nor more than 52
weeks. This probationary term also shall apply to each appointment
to a position in which the appointee is not under the regular
supervision of the appointing authority until the completion
of prescribed schooling or off-the-job training; provided,
however, that such probationary term, in this case, shall
commence after the successful completion of such training.
(2) Except as otherwise provided, every promotion to a position
shall be subject to a probationary term of not less than 12
weeks nor more than 52 weeks. For the purposes of this subdivision,
the term promotion shall include the appointment of an employee
to a higher-grade position in the noncompetitive, exempt or
labor class.
(3) Every transfer and reassignment, as defined in section
25.26 of this Part, to a position shall be subject to a probationary
term of not less than 12 weeks nor more than 52 weeks, provided,
however, (i) that this paragraph shall apply to a reassignment
only where the reassignment is to a court under the supervision
of a different Administrative Judge, and (ii) that the appointing
authority having jurisdiction over a position to which transfer
or reassignment is sought may elect to waive the probationary
term required for such position.
(4) The Chief Administrator of the Courts may establish,
for specified titles, shorter periods of probation for promotions,
transfers and reassignments than those set forth in paragraphs
(2) and (3) of this subdivision.
(5)
(i) An appointment, promotion, transfer or reassignment
shall become permanent upon the retention of the probationer
after completion of the maximum period of service of the probationary
term or upon earlier written notice, following completion
of the minimum period, that the probationary term is successfully
completed, or, in the case of a transfer or reassignment,
upon written notice that the appointing authority has elected
to waive the serving of the probationary term.
(ii) If the conduct or performance of a probationer is not
satisfactory, his or her employment from such position may
be terminated at any time after eight weeks and before completion
of the maximum period of service, provided that the appointing
authority may, in his or her discretion, and with notice to
the probationer prior to the end of the probationary term,
extend the probationary period for an additional term of not
less than 12 nor more than 26 weeks in a different assignment,
in which case the appointment may be made permanent at any
time after completion of 12 weeks of service, or the employment
terminated at any time after the completion of eight weeks
of service, and on or before the completion of 26 weeks of
service.
(iii) The probationer's supervisor shall carefully observe
the probationer's conduct and performance and, at least two
weeks prior to the end of the probationary term, shall report
thereon in writing to the appointing authority or his or her
designee. The supervisor shall also, from time to time during
the probationary term, advise the probationer of his or her
status and progress. A probationer whose services are to be
terminated for unsatisfactory service shall receive written
notice at least one week prior to such termination and, upon
request, shall be granted an interview with the appointing
authority or his or her representative.
(b) Trainee appointment or promotion. The probationary term
for a trainee appointment or trainee promotion shall coincide
with the term of training service. If the conduct or performance
of the probationer is not satisfactory, his or her employment
may be terminated at any time after the completion of a specified
minimum period of service and on or before the completion
of the term of training service. Such specified minimum period
of service, unless otherwise prescribed in the announcement
of examination, shall be eight weeks.
(c) Transfers and reassignments. A probationer shall be
eligible for transfer or reassignment, provided, however,
that upon such transfer or upon a reassignment requiring service
of a probationary period, he or she shall serve a complete
probationary period in the new position in the same manner
and subject to the same conditions as required upon his or
her employment in the position from which transfer or reassignment
is made.
(d) Leave of absence. When a permanent employee is promoted,
transferred or reassigned to a position in which he or she
is required to serve a probationary term, the position thus
vacated shall not be filled during such probationary term
except on a temporary basis or by an appointment made pursuant
to section 25.24 of this Part. The employee so promoted, transferred
or reassigned shall be deemed to be on leave of absence from
the vacated position. At any time during such probationary
term, the employee shall have the right, upon reasonable notice,
to return to his or her previous position at his or her own
election. If the conduct or performance of the probationer
is not satisfactory, the probationer shall be restored to
his or her former permanent position.
(e) Reinstatement. An employee who is reinstated to a position
in accordance with section 25.28 of this Part shall serve
a new probationary period in the same manner and subject to
the same requirements as apply upon original appointment to
such position, unless otherwise provided by the Chief Administrator
of the Courts.
(f) Absence during probationary term. Any periods of authorized
or unauthorized absence aggregating up to 10 workdays during
the probationary term, or aggregating up to 20 workdays if
the maximum term exceeds 26 weeks, may, in the discretion
of the appointing authority, be considered as time served
in the probationary term. Any such periods of absence not
so considered by the appointing authority as time served in
the probationary term, and any periods of absence in excess
of periods considered by the appointing authority as time
served in the probationary term pursuant to this subdivision,
shall not be counted as time served in the probationary term.
The minimum and maximum periods of the probationary term of
any employee shall be extended by the number of workdays of
absence which, pursuant to this subdivision, are not counted
as time served in the probationary term.
(g) Restoration to eligible list. A probationer whose employment
is terminated, or who resigns, before the end of his or her
probationary term may request that his or her name be restored
to the eligible list from which he or she was appointed, provided
such list is still in existence. The probationer's name may
be restored to such list if the Chief Administrator, after
due inquiry, determines that the probationer's service was
such that he or she should be given another opportunity for
appointment.
(h) Service in higher-level position. When an employee who
has not completed his or her probationary term is appointed
to a higher-level position, the period of service rendered
by such employee in such higher-level position may, in the
discretion of the appointing authority, be considered as satisfactory
probationary service in the lower position and may be counted
as such in determining the satisfactory completion of such
probationary term. At any time after the expiration of the
minimum period of the probationary term, or the entire probationary
term if it be one of fixed duration, the appointing authority
shall, on request of such probationer, furnish a decision
in writing as to whether or not service in such higher-level
position shall be considered as satisfactory probationary
service. In the event of an adverse decision by the appointing
authority, such probationer, at his or her request, shall
be returned to the lower position for sufficient time to permit
the probationer to complete his or her probationary term.
The employment of such a probationer in his or her lower position
shall not be terminated at the end of the probationary term
on account of unsatisfactory service unless he or she shall
have actually served in such position, in the aggregate, at
least a period of eight weeks.
(i) Removal during probationary term. Nothing contained
in this section shall be construed to limit or otherwise affect
the authority to remove a probationer at any time during the
probationary term for job abandonment pursuant to the provisions
of section 25.28(e) of this Part, or for incompetency or misconduct.
Historical Note
Sec. amd. filed Feb. 2, 1982; renum. 25.20, new filed Jan.
15, 1987; amd. filed July 18, 1996 eff. June 28, 1996. Amended
(a), (c)-(d), (h). |

|
| Section
25.23 Temporary and emergency appointments.
(a)
Temporary appointments authorized; duration. A temporary appointment
may be made for a period not exceeding three months when the
need for such service is important and urgent. A temporary
appointment may be made for a period exceeding three months
under the following circumstances only:
(1) When an employee is on leave of absence from his or
her position, a temporary appointment to such position may
be made for a period not exceeding the authorized duration
of such leave of absence as prescribed by statute or rule.
(2) A temporary appointment may be made for a period not
exceeding six months when it is found by the appointing authority,
upon due inquiry, that the position to which such appointment
is proposed will not continue in existence for a longer period;
provided, however, that where a temporary appointment is made
to a position originally expected to exist for no longer than
six months and it subsequently develops that such position
will remain in existence beyond such six-month period, such
temporary appointment may be extended for a further period
not to exceed an additional six months.
(b) Temporary appointments upon abolition of positions.
When a reduction or abolition of positions in the Unified
Court System is planned or imminent and such reduction or
abolition of positions will probably result in the suspension
or demotion of permanent employees, the appointing authority
may make temporary instead of permanent appointments for a
period not exceeding one year in positions in the Unified
Court System to which permanent employees to be affected by
such abolition or reduction of positions will be eligible
for transfer or reassignment. Successive temporary appointments
shall not be made to the same position after the expiration
of the authorized period of the original temporary appointment
to such position.
(c) Temporary appointments from eligible lists.
(1) A temporary appointment for a period not exceeding three
months may be made without regard to existing eligible lists.
(2) A temporary appointment for a period exceeding three
months, but not exceeding six months may be made by the selection
of a person from an appropriate eligible list, without regard
to the relative standing of such person on such list.
(3) Any further temporary appointment beyond such six-month
period, or any temporary appointment originally made for a
period exceeding six months shall be made by the selection
of an appointee from among those graded highest on an appropriate
eligible list in accordance with section 25.20(a) of this
Part.
(d) Temporary appointments without examination in exceptional
cases. Notwithstanding any other provision of this section,
the appointing authority may authorize a temporary appointment,
without examination, when the person appointed will render
professional, scientific, technical or other expert services
on an occasional basis or on a full-time or regular part-time
basis in a temporary position established to conduct a special
study or project for a period not exceeding 18 months. Such
appointment may be authorized only in a case where, because
of the nature of the services to be rendered and the temporary
or occasional character of such services, it would not be
practicable to hold an examination of any kind.
(e) Emergency appointments. When an emergency requires that
a position be filled pending appointment from a list or after
noncompetitive examination, the appointing authority may fill
the vacancy. Such appointment shall not continue longer than
one month without a continuance by the appointing authority.
(f) Effect of temporary appointment on eligibility for permanent
appointment. The acceptance by an eligible of a temporary
appointment shall not affect his or her standing on the eligible
list for a permanent appointment, nor shall the period of
temporary service be counted as part of the probationary service
in that position in the event of subsequent permanent appointment.
(g) Temporary or provisional appointment or promotion of
permanent employee. When a permanent competitive class employee
is given a temporary or provisional appointment or promotion
to another competitive class position, he or she shall be
deemed to be on leave of absence from his or her permanent
position for the period of his or her service under such temporary
or provisional appointment or promotion. He or she shall be
entitled to return to his or her permanent position upon the
termination of such temporary or provisional service. An employee
who voluntarily elects to relinquish his or her temporary
or provisional status and return to his or her permanent position
shall give reasonable notice thereof to the appointing authority.
Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; renum. 25.21,
new added by renum. and amd. 25.25(a)-(g), filed Jan. 15,
1987 eff. Jan. 1, 1987. |

|
| Section
25.24 Contingent permanent appointments.
(a) A permanent
employee apointed or promoted to a position in a higher title,
which is left temporarily vacant by the leave of absence of
the permanent incumbent, may, in the discretion of the appointing
authority, be appointed or promoted with contingent permanent
status in such position, provided that at the time of such
appointment or promotion, such employee must have qualified
by examination and either be eligible for noncompetitive promotion
to such higher-titled position or his or her name must be
among the three highest ranking eligibles on an existing list
for such higher-titled position who are willing to accept
contingent permanent appointment or promotion to such position
exclusive of eligibles already appointed or promoted to a
similar position on a permanent basis or on a contingent permanent
basis.
(b) An employee holding a position on a contingent permanent
basis shall have the following rights and be subject to the
following conditions:
(1) Unless separated from service, such employee shall be
deemed to be on leave of absence from his or her lower-titled
position until he or she either returns to such lower-titled
position or gains full permanent status in his or her higher-titled
position or any higher-titled position.
(2) Such employee may, at his or her election and after
reasonable notice, be restored to his or her lower-titled
position at any time during such leave of absence, and shall
be restored to such position if required in accordance with
other provisions of this Part upon the return of the permanent
incumbent to his or her or another similar higher-titled position.
(3) His or her contingent permanent status shall not adversely
affect or impair eligibility for certification from the eligible
list for permanent appointment or promotion to such permanent
vacancies as may occur in other similar positions.
(4) He or she shall be deemed to hold such position on a
permanent basis for the purposes of section 25.29 of this
Part, or under an agreement negotiated pursuant to article
14 of the Civil Service Law, and for purposes of section 25.30(a)
of this Part.
(5) For purposes of salary rights and benefits, he or she
shall be deemed to hold such position on a permanent basis.
(6) For purposes of subsequent examinations, either open
competitive or promotion, service in a position with contingent
permanent status shall be counted in the same manner as though
it were service on a permanent basis. If such employee received
a contingent permanent appointment or promotion as a result
of receiving additional credits in an examination as a veteran,
he or she shall not be entitled to such credits in any subsequent
examination for a higher-titled position for which he or she
would not otherwise be eligible without such contingent permanent
status.
(7) In the event that return from leave of one or more permanent
incumbents or other circumstances necessitates termination
of the appointment or promotion of one or more incumbents
not having permanent status, such termination shall be made
among such incumbents in the unit for suspension or demotion
designated pursuant to section 25.30(d) of this Part, wherein
such return of permanent incumbents or other circumstances
occurs. Incumbents having contingent permanent status shall
have preference in retention in their positions or similar
positions over temporary incumbents not having such status.
If the return of permanent incumbents or other circumstances
necessitates termination of the appointment or promotion of
incumbents having contingent permanent status, such termination
shall be made in the inverse order of date of acquisition
of contingent permanent status.
(8) If a permanent vacancy occurs in a position then held
by an incumbent having contingent permanent status therein,
such vacancy shall be filled by selection by the appointing
authority of one of such employees of the promotion unit having
such contingent permanent status in such position or a similar
position (whether or not he or she is then serving under contingent
permanent appointment or promotion in such position); provided,
however, that if any such employee has acquired such contingent
permanent status by appointment or promotion from an eligible
list still in existence, he or she may not be selected for
permanent appointment or promotion unless he or she is then
reachable for permanent appointment or promotion from such
eligible list.
(9) If a permanent vacancy occurs in a position not then
held by an incumbent having contingent permanent status therein,
such vacancy may be filled without regard to the provisions
of this section; or if one or more employees in the promotion
unit have contingent permanent status in the same title, the
appointing authority may, in his or her discretion, elect to
fill such position in the manner provided in paragraph (8)
of this subdivision.
(c) Nothing herein shall be construed to limit or adversely
affect the right of eligibility for reinstatement of any person
from a preferred list as provided in section 25.31 of this
Part.
(d) Notwithstanding the provisions of subdivision (a) of
this section, an employee may obtain contingent permanent
status upon appointment from an open competitive eligible
list, in accordance with section 25.20(a) of this Part, to
a position which is left temporarily vacant by the leave of
absence of the permanent incumbent. An employee obtaining
contingent permanent status pursuant to this subdivision shall
have the rights and be subject to the conditions set forth
in subdivision (b) of this section.
Historical Note
Sec. amds. filed: April 3, 1972; Feb. 2, 1982; repealed, new
added by renum. and amd. 25.25(h), filed Jan. 15, 1987; amd.
filed July 18, 1996 eff. June 28, 1996. Amended (b)(4). |

|
| Section
25.25 Provisional appointments.
(a) Provisional
appointments authorized. Whenever there is no appropriate
eligible list available for filling a vacancy in the competitive
class, the appointing authority may appoint provisionally
to fill such vacancy a person who qualifies by noncompetitive
examination until a selection and appointment can be made
after competitive examination. Such noncompetitive examination
may consist of a review and evaluation of the training, experience
and other qualifications of the nominee, without written,
oral or other performance tests.
(b) Time limitation on provisional appointments. No provisional
appointment shall continue for a period in excess of nine
months. The Chief Administrator of the Courts shall order
a competitive civil service examination for any position held
by provisional appointment for a period of one month. Such
an examination shall be conducted, as soon as practicable
thereafter, to prevent the provisional appo | |