Eligible Lists

Duration
CSL § 56
PR § 68.1
The Civil Service Law provides that the duration of an eligible list shall be not less than one year or more than four years. If a list has been in existence for one year or more, it shall terminate upon the establishment of an appropriate new list unless the old list is extended by action of the Department of Civil Service. Additionally, should a financial emergency restrict the filling of vacancies, the Department of Civil Service may, in its discretion, extend the duration of the list for a period equivalent to the length of the restriction. Once a list expires, it cannot be revived, nor can an individual whose name was on the expired list receive an appointment on that basis.
Ranking
CSL § 61.1
CSR § 3.5
3.6
PR § 67.2
Successful candidates are placed on an eligible list in order of their respective final examination ratings, including seniority and veterans' credits. The rules provide that if two or more eligibles receive the same final rating, they shall be placed on the list in accordance with such uniform, impartial procedure as may be prescribed by the Department of Civil Service. All eligibles with the same final score are equally reachable for appointment.
"Continuing" Eligible Lists
CSL § 57 Civil Service Law provides for "continuing" eligible lists, to which names of eligibles are added as applicants are tested on a periodic basis. "Continuing" eligible lists may be utilized when the Department of Civil Service finds that there are inadequate numbers of well qualified persons available for recruitment. The periodic tests administered are designed to be equivalent in coverage and difficulty. The name of any candidate who passes the test is placed or interfiled on the list in rank order according to their final rating, and eligibility continues for a period fixed by the Department of Civil Service.
Certification Order
CSL §52.1
52.4
52.5
When an appointment is to be made to fill a vacancy, and there is no redeployment roster, preferred list, reemployment roster, placement roster or special military list in existence for the position, lists are normally certified in the following order:
1. promotion unit eligible list, if applicable,
2. departmental promotion list or departmental segment of interdepartmental promotion list,
3. general interdepartmental promotion list,
4. open-competitive list.
Filling Vacancies
CSL § 52.1
60.3
61.1
Vacancies are to be filled by promotion examination rather than by open-competitive examination, as far as practicable. When an open-competitive and promotion examination for the same title are held simultaneously, the promotion list is certified first until exhausted; then the open-competitive list is certified. The Department of Civil Service has the authority to determine whether an existing list is appropriate for filling a vacancy in a similar title.
Combining Lists
CSL § 60.1 Civil Service Law provides that when a list is less than one year old and contains less than three names of people willing to accept appointment and a new list is established, the people on the old list have preference in certification over the new list until the old list is one year old. During that time, such names shall be certified along with enough names from the top of the new list to provide the appointing officer with a sufficient number of eligibles from which to make a selection for appointment.
Civil Service Law also provides that when a list has been in existence for one year or more and is continued upon the establishment of a new list containing less than three names, the Department of Civil Service may certify the names from the old list along with sufficient names from the new list to provide an appointing officer with a sufficient number of eligibles from which to make a selection for appointment.
Certification By Locality
CSL § 60.3 For an appointment to any State position in a locality outside of Albany County, the Department of Civil Service may certify residents of the county or judicial district which includes such locality, or any combination of counties or judicial districts including such locality. Where a list is certified on a local residence basis and becomes exhausted of residents, the general State-wide list must be certified to fill any further vacancies occurring in that locality. All positions in Albany County must be filled from the general State-wide list.

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