N.Y. Comp. Codes R. & Regs. tit. 4 § 66.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 66.4 - The examination process; conduct of investigations

(a) The State Civil Service Department may conduct investigations concerning the qualifications of candidates, eligibles and appointees for State positions or public authorities under the jurisdiction of the department. The scope of these investigations may include training, experience and character qualifications or any area pertinent to the suitability of the candidate, eligible or appointee for employment. The investigation of candidates, eligibles or appointees shall be as complete as is necessary to make an informed evaluation and determination. This may include the taking of fingerprints and physical descriptive data of such candidate, eligible or appointee and submission to the Division of Criminal Justice Services for processing.

(b) Each case involving a criminal conviction shall be considered on its own merits. A candidate, eligible or appointee shall not automatically be disqualified or barred from appointment solely on the basis of a criminal conviction unless mandated by statute.

(c) In review of the criminal convictions full consideration shall be given to the following:

(1) Nature and seriousness of the offense;

(2) Circumstances under which the offense was committed;

(3) Lapse of time since the offense was committed;

(4) Individual's age at the time of the offense;

(5) Social conditions which may have fostered the offense;

(6) Relationship of the nature of the offense to the position sought;

(7) Number of criminal convictions;

(8) Honesty of the candidate in admitting the conviction record; and

(9) Evidence of rehabilitation as demonstrated by the individual's good conduct while in correctional custody and/or the community; counseling or psychiatric treatment received; acquisition of additional academic or vocational schooling; successful participation in correctional work-release programs and the recommendations of persons who have or have had the applicant under their supervision.

(d) Any person who is disqualified as the result of an investigation conducted pursuant to this section shall be advised, in writing, of the reason for such disqualification. Any person so disqualified may appeal such disqualification by submitting a written explanation, supported by available documentary evidence, containing a short and plain statement of the facts upon which he relies to show that such disqualification was incorrect. Such appeal shall be filed with the President of the Commission within 10 days of the date of the written notice of disqualification. Any appointee who has been disqualified pursuant to this section shall be continued in service until the end of the appeal period provided in this section or, in the event a timely appeal is filed, until a final determination is made, as the case may be, provided, however, nothing contained in this section shall be deemed to permit an employee's continuation in service beyond the probationary period otherwise applicable or when such employee's service would have otherwise been terminated or would have ceased under law.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 66.4