* Section 70.4 of the Civil Service Law provides for transfer
to another title at a similar salary grade after a noncompetitive
It has been the long standing practice and policy of the Department
to consider this type of transfer as a device to allow current
employees to change career fields, and to limit these transfers
to positions which are (or would be) filled by examinations open
to the public.
.411 The Personnel Office for the agency in which the position
will be filled inquires of their Staffing Services Representative
about the appropriateness of a Section 70.4 transfer for a potential
.412 The Staffing Services Representative determines whether
a nomination is in order, i.e., the requirements of Section 1840
are met. If so, the Staffing Services Representative advises
the agency that a formal nomination may be submitted.
* .413 Upon written nomination from the agency, including a
completed open competitive examination application (NYS-APP) demonstrating
that the employee is qualified, the Staffing Services Representative
will arrange to administer any required tests.
.414 Upon completing the transfer nomination, including any
necessary tests, the Staffing Services Representative will send
form S-121, Action on Nomination for Permanent Appointment to
the agency. This form indicates the disposition of the nomination,
and the effective date of the action.
.415 Where the Section 70.4 transfer is approved, the agency
Personnel Office will notify the nominee, confirm that no reemployment
list or promotion list blocks the transfer and initiate the submission
of the transaction.