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3000 Appendix


State Management Personnel Manual

1200 Examinations

1205(C) Non-Competitive [Examination - for transfer]


.110 Legal Background

.111 Section 70.4 of the Civil Service Law provides for noncompetitive testing of permanent competitive class employees who meet all of the requirements for admission to the competitive examination for a position. To be eligible to be given the noncompetitive examin-ation the employee must be holding a position in a similar grade and be fully qualified for appointment to the position. Appoint-ments made as a result of this noncompetitive testing are made as transfers.


.210 Considerations

.211 Section 70.4 was designed to provide state employees an advantage over nonstate employees in the filling of open competitive posi-tions, (normally entry level positions). The law would allow the appointment of a permanent state employee who passed on the exa-mination for a position even though there may be a number of scoring individuals on the appropriate eligible list. In consid-ering using this section of the CLS, Agency staff should compare the employee's work record and performance to the general quali-fications of the individuals at the top of the open competitive eligible list.

.220 Civil Service Requirements

.221 A noncompetitive examination pursuant to Section 70.4 CSL is only appropriate if the following conditions are met:


  1. the nominee has permanent status in the competitive class or is on a preferred list due to the abolition of a competitive class position.
  2. the position to which appointment/transfer is sought is not more than two S-grades or one M-grade above the employee's permanent position. There is no restriction on how many grades downward an individual may transfer. Employees serving in NS positions will be considered for the purpose of this section to be serving at a grade level equivalent to the budgeted salary for the NS position.
  3. the nominee has served permanently in the current grade for at least one year, or the nominee's score is reachable on the ex-isting appropriate eligible list for the title and location to which transfer is sought. The one year minimum service re-quirement may be waived if the Director of Examinations and Staffing Services determines that the nominee would not be gaining an unfair advantage over persons on the appropriate eligible list.
  4. there is no preferred list in existence for the position to be filled or the position vacated is at the same or a higher grade than the target position and is immediately filled by the preferred list eligible who would have been in line to fill the target position.
  5. there is no placement roster for the position to be tested for or the position vacated is at the same or higher grade than the target position and is immediately filled from the same placement roster.
  6. the vacancy can be filled by appointment from an open competi-tive list.
  7. the employee meets the qualifications for either the last open competitive examination or an anticipated future examination.
  8. the employee did not fail the last examination for the position.

.222 For those noncompetitive examinations that will result in transfer between agencies both appointing authorities must agree to the transfer before the noncompetitive test will be given.


.410 Nomination

.411 When these conditions are met, the appointing authority should send a nominating letter to the appropriate Staffing Services Representative enclosing a completed open competitive application (XD-10) from the nominee. The- nomination should include the individual's name, item number, social security number and qualifying title as well as the title and item number of the position to which transfer is sought. If the individual has taken and passed an examination for the position, the score and rank should be included in the letter. If the individual has not taken a test for the position, any information regarding the nominee's examination history which might be used as the basis for rescoring a prior examination should also be submitted. When Civil Service
approves the request, they will schedule the appropriate exam if necessary.

.420 Notice of Results

.421 When testing has been completed, the Agency Personnel Office will be notified of the results by receipt of form S-121, Action on Nomination for Permanent Appointment. It is then the Agency's responsibility to advise the nominee of the disposition, and to submit a PR-75 to effect the.appointment.


  1. The effective date of the appointment may be no earlier than that indicated on the S-121.

TM-1, 4/26/82

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