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State Management Personnel Manual

1200 Examinations

1205 (D) Non-Competitive Open Competitive (4.2b)


.110 Legal Background

.111 Rule 4.2(b) of the Rules for the Classified Service provides that when an open competitive examination does not result in an eligible list containing the names of at least three persons willing to accept appointment in a given location, the Civil Service Department may:

  1. permit the appointing authority to nominate a person for a non-competitive examination for the position or
  2. designate the eligible list as a continuing eligible list and reopen testing on a Continuous Recruitment basis.


.210 Considerations

.211 This type of examination should be used when the open competitive eligible list is quickly exhausted for some locations but not others. In selecting the approach to use, consideration should be given to the number of qualified individuals who may be residing at the location for which the list is exhausted. If there appear to be only a few qualified individuals the best approach would be for the agency to recruit an individual an nominate him/her for the noncompetitive examination. If however, it is determined that there are numerous qualified individuals in the area for which the list is exhausted, it may be desirable to reopen testing on a continuous basis and conduct a recruitment effort to bring the examination to their attention.

.220 Civil Service Requirements

.221 4.2(b) testing would be appropriate if the following conditions exist:

  1. the position to be tested for has been filled through an open competitive examination [In some cases it may be appropriate to use a transition examination]
  2. the eligible list resulting from the open competitive examination was established within the last 12 months and there are less than three acceptors at the location where the vacancies exist
  3. the candidates or the nominee meets the qualifications for the last open competitive examination
  4. the candidates or nominee did not fail the last open competitive examination
  5. there is no promotion list, preferred list or placement roster for the vacancy that is being filled.

[4.2b nominations may be made when there are no reemployment lists and no promotion, open-competitive or transition eligible lists with three or more eligibles willing to accept appointment to the position to be filled.]


.410 Nominations

.411 In those instances where an agency is nominating an individual for a noncompetitive 4.2(b) examination, the nomination must be submitted in writing to the appropriate Staffing Services Representative and include the title and item number of the position to be filled and a completed open competitive application from the individual. When Civil Service approves the request, they will schedule the appropriate examination.

  1. In those instances where testing is to be reopened on a continuous basis normal Civil Service procedures will be used.

.420 Notice of Results

.421 In those instances where an agency nominee has been tested, the agency personnel office will be notified of the results via form S-121, Action on Nomination for Permanent Employment. It is then the agency's responsibility to inform the nominee of the results of the examination and submit a PR-75 [NYSTEP transaction] affecting the appointment of the successful nominee. The effective date of the appointment may be no earlier than indicated on the S-121.

TM-1, 4/26/82

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