tion from those graded highest, according to their standing, as the result of open, competitive examinations, except as herein otherwise provided.

(3) Whenever a position in the classified civil service is to be filled by appointment after a competitive examination, an examination for fitness by or under the direction of the appointing officer may be held at any time for the subdivision in which the position is classified under the rules or regulations of the Commission. Upon notice by such officer that an examination for fitness is desired, the Commission shall immediately transmit to him the names of all persons then on the list of those eligible for merit in such subdivision. Immediately upon receipt of such a list, the appointing officer shall cause a competitive examination of such persons to be held, and, unless the examination is by the Commission, shall give notice to such persons to appear at a specified time and place for the purpose of being examined in relation to their fitness for the position named in such subdivision. The Commission, upon request of the appointing officer, will conduct and certify such examination for fitness and prepare the eligible list. The maximum rating for fitness shall be fifty, and the minimum thirty-five. The rating of merit shall be added to the rating of fitness of each candidate. The result so obtained constitutes the eligible list for the particular subdivision, and appointments must be made therefrom in the order of the combined rating of each candidate. The person, officer or board conducting the examination shall, upon completing the eligible list, certify it to the Commission. If the examination for fitness is conducted by the Commission, the eligible list prepared as the result of such examination shall be filed in its office, and within five days thereafter a certified copy thereof shall be delivered to the appointing officer who requested such examination. Such an eligible list shall continue for one year from the date of the filing of the merit list by the Commission as the eligible list from which appointments shall be made by such appointing officer from that subdivision, unless a new eligible list is prepared as herein provided; but the appointing officer may at any time

hold or require other competitive examinations for fitness of the persons then remaining upon such eligible list, in the same manner and with like effect. Unless the examination for fitness is conducted by the Commission, the appointing officer shall certify to the Commission that the ratings for fitness were determined by competitive examination as provided by law.

Whenever the sex of the person whose names are to be certified is fixed by any law, rule or regulation, or is specified in the request for certification, the names only of those of the sex so fixed or specified shall be certified from the merit list, but in other cases such certification shall be made of all persons, without regard to sex.

(4) In the selection, nomination, appointment or promotion of persons to fill positions in the classified service, no regard shall be paid to the partisan political opinions, affiliations or action of any person so selected, nominated, appointed or promoted.

(5) Whenever there are urgent reasons for filling a vacancy in any office, and there is no merit list from which an eligible list may be made, or in case all persons whose names are on such eligible list shall decline the appointment, the head of the office may nominate a person to the Commission for non-competitive examination, and if such nominee shall be certified by the Commission as qualified by merit, he may be appointed temporarily to fill such vacancy until a selection and appointment can be made from the proper eligible list; and if the head of the office, upon the notification that such a merit list is on file with the Commission, shall omit, within thirty days after such notice, to make an eligible list and an appointment therefrom, the position shall be considered vacant.

(6) If a person who is not entitled to certification is certified and appointed, his appointment shall be immediately revoked by the appointing officer upon notification by the Commission.

(7) An examination for merit will be held by the Commission when required, and a new merit list will thereupon be made, containing the names of all persons appearing upon a former merit list who have notified the Commission of their desire to be con

tinued upon such list, as provided by paragraph 3, Regulation VII, and also the names of such persons as shall have passed such new examination.

APPLICATIONS.

REGULATION V.

(1) No person shall be admitted to any examination for merit for a classified position until he shall have filed an application under oath, upon a form prescribed by the Commission, and accompanied by such certificate as may be prescribed.

(2) Every applicant for examination must be a citizen of the United States and an actual resident of the State of New York at the time of his application.

(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) Whenever the application shows that the applicant is not within the prescribed limits of age, or is otherwise not qualified under the rules and regulations, the application shall be rejected. The Commission may, in its discretion, refuse to examine an applicant, or to certify an eligible, who is physically so disabled as to be rendered unfit for his 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 within one year next preceding the date of his application; or who has intentionally made a false statement in any material fact, or practiced, or attempted to practice, any deception or fraud in his examination 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 application for examination for positions requiring scientific, professional or technical qualifications, the Commission may require evidence 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.

EXAMINATIONS FOR MERIT.

REGULATION VI.

(1) All examinations by the Commission shall be of a suitable and practical character, involving such subjects as will fairly test the general qualifications of the applicant for the position for which he is examined, and may also include oral examinations or special tests for any particular position requiring any scientific, professional or technical knowledge or manual skill.

(2) 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 merit list, or before certification for appointment, as the Commission may determine.

(3) No person who has failed in any examination for a position in the classified service shall be admitted within one year from the date thereof to a new examination for the same position.

(4) Examination papers shall be rated on a scale of fifty, and the subjects therein shall be given such relative weights as the Commission may prescribe. After a competitor's papers have been rated he shall be duly notified of the results thereof.

MERIT LISTS.

REGULATION VII.

(1) Every competitor who attains an average rating of thirtyfive or over on all the obligatory subjects in any examination for merit shall be eligible for examination for fitness for appointment to the position for which he was examined; and the names of eligibles shall be entered in the order of their average ratings on the proper merit list; provided that the names of the competitors

who have passed as above, and whose claims for preference under section 9 of article V of the Constitution have been allowed by the Commission, shall be placed in the order of their respective average ratings at the head of the proper merit list.

(2) When two or more persons on a merit list have the same average rating, precedence on such list shall be determined by the order in which their applications were filed, but neither priority in the date of the application nor of examination will give any other advantage in position on such list.

(3) Within five days after the filing of a merit list the Commission will notify each candidate whose name appears thereon of the date of such filing and the order of his standing on such list, and with such notice shall be served a copy of this rule. The deposit of such notice in the post-office at Poughkeepsie, N. Y., properly addressed, with the postage paid, shall be deemed a sufficient service thereof. Each person whose name appears upon such merit list must notify the Commission, at least once every three months, computing from the date of filing the list, that he is willing to accept an appointment, if tendered to him, and desires to have his name continued on such list. If such a notice is not received by the Commission, the name of the candidate shall thereupon be stricken from the list.

If a candidate whose name has been entered upon an eligible list declines or fails to accept an offer of appointment from any officer authorized to appoint from such list, he shall be deemed to have waived his right to appointment and his name shall be stricken from the list.

TERM OF PROBATION.

REGULATION VIII.

(1) Every original appointment to or employment in any position in the classified service shall be for a probationary term of three months, and an appointing or nominating officer in notifying a person selected by him for appointment or employment shall specify the same as for a probationary term only, and at the end