.211 The earmarking authority is responsible for the initiation of the Earmark transaction submitted in accordance with New York STate Electronic Personnel System (NYSTEP) procedures detailed in the NYSTEP/TPM User Manual.
.212 An earmarked position cannot be filled unless the authority that placed the Earmark removes the Earmark or grants a “fill and continue,” or unless it is used to change the appointment status of an incumbent from provisional to permanent or to allow a return to a hold item.
.213 A “fill and continue” action allows an item to be filled once. The Earmark is restored automatically following completion of the “fill” transaction.
.214 Earmarks do not terminate at the end of a fiscal year, with a change of item number, with an organizational reassignment, with a source of funding change, or with a title structure change.
.215 The removal of an Earmark on one position in a class of positions does not remove an Earmark on any other position in a class.
.216 Reclassification of an Earmarked position automatically removes all Earmarks on that position.
.221 An agency can submit a request to remove an Earmark or a request for a “fill and continue” to the Division of Classification and Compensation. All requests must be submitted electronically in accordance with NYSTEP procedures detailed in the NYSTEP/TPM User Manual. A requesting agency should attach all necessary information, including a letter of justification, an organization chart, and a duties description for the position. For more information about position duties descriptions, see SPMM Section 0850(A), Subsection .210.
.222 An agency can also submit a request to remove an Earmark placed by the Civil Service Commission or the Division of the Budget. All requests must be submitted electronically in accordance with NYSTEP procedures detailed in the NYSTEP/TPM User Manual. A requesting agency should attach a letter, including the justification addressed to the President of the Civil Service Commissionor the Director of the Division of the Budget, respectively.
.223 Upon receipt of a request, the authority responsible for an Earmark will conduct a review of the position. If additional information is required, the agency will be contacted.