From Group A to the minimum salary of Group B upon written competitive examination open to those who have served in the group at least one year. From Group B to the minimum salary of Group C upon written competitive examination open to those who have served in Group B at least three years, or one year and six months in grade 2 of Group B.

From Group C to the minimum salary of Group D upon written competitive examination open to those who have served at least three years in Group C or one year at the maximum salary of said group.

Promotions from the maximum salary of grade 1 to the minimum salary of grade 2, under Groups B, C and D, will be allowed from special promotion eligible lists based on efficiency ratings of those who have served in appropriate positions for at least six months.

When there is no promotion list and no one eligible for promotion in the respective groups or grades, original appointments shall be made from eligible lists established as the result of open competitive examination at the lowest salary of the grade in which the vacancy exists.

Rates of salary included in parentheses are temporary.

In all other cases positions shall be graded as follows:

Grade 1. All positions, the compensation of which is at the rate of not more than $360 per annum.

Grade 2. All positions, the compensation of which is at the rate of more than $360, but not more than $480 per annum.

Grade 3. All positions, the compensation of which is at the rate of more than $480, but not more than $600 per annum.

Grade 4. All positions, the compensation of which is at the rate of more than $600, but not more than $720 per annum.

Grade 5. All positions, the compensation of which is at the rate of more than $720, but not more than $900 per annum.

Grade 6. All positions, the compensation of which is at the rate of more than $900, but not more than $1,200 per annum.

Grade 7. All positions, the compensation of which is at the rate of more than $1,200, but not more than $1,500 per annum.

Grade 8. All positions, the compensation of which is at the rate of more than $1,500, but not more than $1,800 per annum.

Grade 9. All positions, the compensation of which is at the rate of more than $1,800, but not more than $2,100 per annum.

Grade 10. All positions, the compensation of which is at the rate of more than $2,100, but not more than $2,400 per annum.

Grade 11. All positions, the compensation of which is at the rate of more than $2,400, but not more than $3,000 per annum.

Grade 12. All positions, the compensation of which is at the rate of more than $3,000 per annum.

Rule VIII. Appointments to Positions in the Competitive Class

1. Appointments shall be made to or employment shall be given in all positions in the competitive class that are not filled by promotion, reinstatement, transfer or reduction under these rules by selection from the persons graded highest on the most nearly appropriate eligible list resulting from open

competitive examination held by the commission, except as herein otherwise provided.

2. Whenever an appointing officer shall request a certification from the commission for appointment to or employment in any position in the competitive class he shall specify the title, duties and compensation of such position, so that certification may be made from the proper eligible list, or that when necessary a proper eligible list may be prepared as the result of an open competitive examination held for that purpose. The secretary shall thereupon as soon as practicable certify to the appointing officer for appointment, from the eligible list most nearly appropriate to such position, as it may then exist, the names of the three persons, if there be so many, standing highest on such cligible list, indicating such of them, if any, as are honorably discharged soldiers, sailors or marines from the army or navy of the United States in the late civil war, citizens and residents of this state, together with the average percentages and postoffice addresses of such persons. If the appointing officer shall notify the commission of more than one vacancy at any time, the secretary shall certify to the appointing officer the names of as many persons as there are vacancies to be filled, with the addition of two names. No person shall be certified from an eligible list more than three times to the same appointing officer for the same or a similar position at the same rate of compensation, except at the request of said officer, unless the person so certified is a veteran, in which case his name shall continue to be certified so long as it remains on the eligible list under these rules. Whenever the sex of those whose names are to be certified is fixed by any law, rule or regulation, or is specified in the request for certification, the names of those of the sex so fixed or specified shall be certified, but in other cases certification shall be made without regard to sex. When an eligible certified for appointment shall fail to accept an offer of appointment, by mail within the four business days next succeeding the mailing of notice of appointment, or shall fail to accept an appointment within the same or next succeeding business day when notification is sent him by telegram, he shall be deemed to have declined the appointment, and upon proper notice of such fact from the appointing officer the secretary shall certify from the list an additional name or names to replace the names of persons so declining. The name of any person certified as eligible for a probationary appointment who shall decline such appointment shall be stricken from the list from which certification is made, unless such declination be for reasons acceptable to the commission. Whenever one or more eligibles shall have declined any appointment offered and an eligible whose relative standing is lower shall have been appointed to the position, the salary or compensation of such appointee shall not be increased within a period of six months after his appointment beyond that offered to the persons so declining.

3. From the persons whose names are so certified the officer shall make selection to fill the vacancy or vacancies, subject, however, to the provisions of the constitution giving preference in appointment to veterans. Whenever the appointing officer who shall have made a requisition to fill a certain number of vacancies shall appoint a number smaller than that of the vacancies named by him, he shall not make selection from the whole number certified to him but only that number of names standing highest upon the list that would have been certified to him had the requisition stated the number of

vacancies which he actually filled. Whenever the eligible list certified contains less than three names, the appointing officer in his discretion may make a selection for appointment from such list or proceed as provided in section four or section ten of this rule, subject, however, to the provisions of the constitution giving preference in appointment to veterans.

4. Whenever there are urgent reasons for filling a vacancy in any position in the competitive class, and there is no list of persons eligible for appointment after competitive examination, or the existing list contains less than three names, the appointing officer may nominate a person to the commission for non-competitive examination, and if such nominee shall be certified by such commission as qualified after such non-competitive examination, he may be appointed provisionally to fill such vacancy until a selection and appointment can be made after competitive examination, but such provisional appointment shall not continue more than ten days after notice to the appointing officer that an eligible list has been prepared for such position, nor in any case for a longer period than four months.

5. In case of vacancy in any position in the competitive class, where peculiar and exceptional qualifications of a scientific, professional or educational character are required, and upon satisfactory evidence that for specified reasons competition in such special case is impracticable, and that the position can be best filled by the selection of some designated person of high and recognized attainments in such qualities, the commission may suspend the provisions of the rule requiring competition in such case, but no such sus pension shall be general in its application to such place, and all such cases of suspension shall be reported to the legislature, with the reasons for the

same.

6. When the services to be rendered by an appointee are for a temporary period, not to exceed one month, and the need of such service is important and urgent, the appointing officer may select for such service any person on the proper list of those eligible for permanent appointment, without regard to his standing on such list.

7. No person shall be eligible to temporary appointment to any position in the competitive class if he has received a temporary or provisional appointment within the previous four months, unless such person shall be one of the three highest on the list willing to accept such employment.

8. The acceptance by an eligible of a temporary appointment shall not affect his standing on the register for a permanent employment, nor shall the period of temporary service be counted as part of the probationary service, in case of subsequent appointment to a permanent position.

9. The commission may by special action except from examination under these rules: a. Any person who shall render professional, scientific, technical or other expert service of an occasional and exceptional character; b. Any person who shall render services for which because of their temporary and exceptional character it would not be practicable to hold an examination of any kind. Such exceptions shall be allowed only in cases where the compensation in any one year shall not exceed $300; provided, that such limitation of compensation shall not apply to any person employed by the governor, comptroller, or attorney-general; and further provided, that the commission may suspend such limitation of compensation by special resolution in other cases.

10. Whenever a vacancy exists in a position in the competitive class, and an open competitive examination duly advertised does not result in an eligible list of at least three names for such position, the head of the office may noini nate a person to the commission for non-competitive examination, and if such nominee shall be certified by the commission as qualified, he may be appointed to fill such vacancy. In case there is a person serving in such a position under provisional examination, and no one applies to compete with him in an open competitive examination duly advertised, the provisional appoint ment of such person may be made permanent.

11. A person legally holding a position by appointment for a fixed term, may be retained without examination at the expiration of such term upon receiving a reappointment, but otherwise the position shall be deemed vacant for the purpose of choosing his successor.

Rule IX. Applications to Enter Examinations

1. No person shall be admitted to any examination for a position in the competitive class, until as provided by the civil service law, he shall have filed an application under oath upon a form prescribed by the commission and accompanied by such certificates as may be prescribed.

2. Every applicant for examination must be a citizen of the United States; and at the time of examination for at least three months a resident of the state of New York, or for at least three months a resident of any political subdivision or municipal corporation in which he seeks appointment; pro vided, that such requirements as to citizenship and residence may be specially suspended by the commission as to any position requiring high professional, scientific or technical qualifications, or in cases where through low compensation for services such requirements are disadvantageous to the public interests, but all such cases, whether of individuals or groups, with the reasons therefor, shall be reported to the legislature.

3. No application for examination shall be accepted, unless the applicant is within the age limitations fixed by the commission for entrance to the position to which he seeks to be appointed.

4. The commission may refuse to examine an applicant, or after examination to certify an eligible who is found to lack any of the established prelimi nary requirements for the examination or position for which he applies; or who is physically so disabled as to be rendered unfit for the performance of the duties of the position to which he seeks appointment; or who is addicted to the habitual use of intoxicating beverages to excess; or who has been guilty of a crime or of infamous or notoriously disgraceful conduct; or who has been dismissed from the service for delinquency or misconduct; or who has intentionally made a false statement in any material fact, or practiced or attempted to practice, any deception or fraud in his application or examina tion, or in securing his eligibility or appointment. Any of the foregoing disqualifications shall be good cause for the removal of an eligible from the service after his appointment.

5. In applications for examination for positions requiring scientific, professional or technical qualifications, the commission may require evidences of special education for, or of practical experience for a satisfactory term in, such science, profession, art or trade; and shall require the production of

such certificates of competency and licenses as are provided by the statutes of this state as necessary to enable the practice of any profession, art or trade. 6. Any application for a position in the civil service made in contravention of the provisions of section 4 of rule II, will be rejected.

Rule X. Examinations

1. All examinations shall be public and shall be practical in their character and relate to such matters as will fairly test the relative capacity and fitness of the persons examined to discharge the duties of that service into which they seek to be appointed.

2. The commission shall prepare lists of preliminary requirements and subjects of examination for the several positions and groups of positions in the competitive class, and under its direction and subject to its approval the chief examiner shall, from time to time, prepare such examinations for the positions and groups of positions aforesaid as shall be pertinent to them, under the provisions of the preceding section of this rule.

3. The commission may further direct oral examinations or special practical tests of fitness for any particular positions requiring any scientific, professional or technical knowledge or manual skill.

To prepare examinations and rate applicants for such positions, the commission may employ an examiner of technical training and experience, who shall also act as assistant chief examiner, and shall assume the duties of the chief examiner in the latter's absence.

4. For the purpose of making examinations of applicants. from time to time, as may be required, the commission shall designate and select suitable persons to be local examiners at such places as it deems necessary, and shall duly commission such persons as examiners; and the commission n.ay at any time substitute any other person in place of any one so selected. When persons selected as examiners are in the official service of the state, the head of the office in which such persons serve shall be consulted; and in the discharge of their duties as examiners, the persons so selected from the official service shall be responsible solely to the commission, and shall act under its regulations and directions. The local examiners in any place where more than one is required shall not all be adherents of one political party when other persons are available and competent to serve.

5. Examinations of a general character shall be held at least once a year in each of the places for which provision is made by law, and may be held more often in such places, or at other places for specific purposes in the discre tion of the commission; and under its direction the chief examiner shall adver tise such examinations in such manner as their nature may require. Previous notice of examinations shall be mailed to all persons who have made application in due form, with copies of such general or special regulations as the commission shall prescribe.

6. Whenever physical qualifications are of prime importance in the proper discharge of duties in any position, applicants must pass a physical examination and be certified as qualified in such respect, either before admission to examination, or before record in the proper eligible list, or before certification for appointment, as the commission may determine.

7. Whenever, in its opinion, any position to be filled in the competitive class