9. All examinations shall be in writing, except such as relate to physical qualities, and except as herein otherwise provided. Whenever oral questioning is prescribed, as part of any scheme of examination, so far as practicable a stenographic record of such oral questions and of the answers thereto shall be filed with the papers of the candidate. All papers upon which examinations are to be written shall be furnished by the Commission and shall bear some suitable official endorsement, stamp or mark.

10. On the day of the examination the identification sheets of candidates shall be sealed up, and the identity of each shall remain hidden until the papers are rated.

II. No candidate shall be granted a second or special examination or any second or special trial or test, either written or physical preliminary to or in connection with any examination held hereunder; unless it be shown to the satisfaction of the Commission that his failure to appear for, or to gain admission to, or to complete such examination or test, was due to a manifest error or mistake for which the Commission is responsible, the nature of which shall be set forth in its minutes, or that such failure was due to compulsory attendance before any Court or other public authority having the power to compel such attendance.

12. No person who has entered any examination for appointment to a competitive position and failed therein or who has withdrawn therefrom, shall be admitted within nine months from the date of such examination to a new examination for the same position.

For reasons to be set forth in its minutes, this provision may be waived by the Commission, with relation to all such candidates in a given examination but not to any individual.

13. No person shall be admitted to an examination whose application therefor has not been presented and accepted under the conditions of Rule VIII.

14. The Commission may refuse to examine or, after examination, to certify, an applicant who is found to lack any of the established preliminary requirements for the examination or position for which he applies; or who is found physically unfit to perform the duties attaching to such position, 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 within two years been dismissed from the public service for delinquency or misconduct; or who has intentionally made a false statement of any material fact, or practiced or attempted to practice any deception or fraud in his application, or in his examination, or in securing his eligibility or appointment.

Where action is taken under this clause the name of the person affected, if it be upon any list, shall, after due notice to such person, and an opportunity to be heard if he so desires, be stricken from such list.

Rule VIII.

FILING OF APPLICATIONS.

1. Applications for examination for positions in the Competitive Class shall be addressed to the Commission on a prescribed form, in the handwriting of the applicant, and accompanied by such certificates or other evidences as to citizenship, character, condition of health, education, previous employment, training and fitness as the Commission may require.

The statements of the applicant in these particulars shall be made under oath, properly attested.

2. Every application shall bear the certificate of four reputable citizens, whose residences or places of business are within the City of New York, to the effect that they have personally known the applicant for not less than one year, that they have read his statements and believe them to be correct, and that they will, upon request, give such further facts concerning him as they may possess either for the files of the Commission or for the information of appointing officers.

If the previous occupation or employment of the applicant has been wholly or in part outside the City of New York the said certificates may be accepted, in the discretion of the Commission, from persons resident or engaged in business elsewhere; but no such certificate shall be accepted from a near relative of the applicant, or from any person the character of whose business, in the judgment of the Commission, may disqualify him as a fit voucher.

3. The Commission shall, by regulation or otherwise, fix the limits of time between which applications for a given examination shall be presented; but such period shall in no case be less than one week, and there shall be not less than five days between the last date for the presentation of applications and the date of examination.

No application shall be accepted from any person who has failed to fill out properly the application form, or to furnish the required certificates or other preliminary evidences of fitness; or who is barred by any of the provisions of Clause 3 of Rule II. or of Clause 14 of Rule VII.; or who has already on file an application entitling him to enter the examination sought.

4. An application presented within the prescribed limits of time, but found to be defective, shall be suspended, and notification shal! be given to the applicant of the particulars in which it requires correction. Such an application shall be accepted if corrected and returned five days before the date of examination, but not otherwise.

5. Applications when presented shall be dated, numbered and recorded in the order of their receipt. An application that has been accepted and filed shall not be returned for any reason to the appli

cant.

6. A person claiming rights of preference as a veteran shall file, with his application, proof of such veteranship and of his residence within the State of New York.

7. Application forms shall be furnished to intending applicants, upon personal or written request, at the office of the Commission, and shall be procurable there only.

Rule IX.

MARKING AND RATING.

1. The examination papers shall be rated, in each case, by at least two examiners assigned therefor, who shall review them separately, and after such rating is completed shall affix to each a mark expressing the average of their judgment, attested by their respective signatures or initials. The marking shall be strictly comparative and according to such standards of proficiency as the

needs of the service may require. Each subject shall be marked upon a scale of 100, which shall represent the maximum possible attainment.

2. Every candidate who receives a general average marking of not less than 70 per cent., and who has received not less than 20 per cent. in any required subject, or not less than 75 per cent. in any technical subject, when the examination is for a position of scientific, professional or technical nature, shall be eligible for certification and appointment in the manner, and under the conditions, hereinafter prescribed.

3. Where the Chief Examiner is satisfied, through investigation made under his direction, or otherwise, that the general character or the reputation of a candidate whose papers have been marked is not good, or that he is debarred by any of the provisions of Clause 14 of Rule VII., the name of such candidate shall not be placed on any eligible list; but all action under this clause shall be reported in writing, with the reasons therefor, to the Commission and shall be subject to the Commission's approval. The burden of proof of good character shall be upon the candidate who may, where doubt exists, be required to furnish evidence thereof additional to the certificates required at the time of his application.

4. The Secretary, as early as practicable after the completion of an examination, shall notify each candidate therein of the rating he has received, and, if such rating be above the required minimum, of his comparative standing. He shall likewise notify any candidate who, though admitted to the examination, has been rejected for reasons other than failure to receive the required minimum, stating such reasons specifically. Any candidate receiving any such notice. may personally inspect his examination papers, at any time, during the office hours of the Commission, and in the presence of such officer or employee as the Commission from time to time may designate.

5. No examination paper or any part thereof, and no record of the results of a physical test, or any other record or statement rated as part of an examination, or in connection therewith, shall be subject to review, alteration or rerating after the marks of the examiners have been registered or attested as required hereunder; except that the Commission, at any time within a year from the date of the

certification of an examination, may correct any manifest error or mistake of marking or rating appearing in any such paper or record, the nature of which it shall set forth in its minutes; such correction, in any case, to be without prejudice to the status of any person previously appointed as a result of such examination.

Rule X.

ELIGIBLE LISTS.

1. The results of each examination shall be reported by the Chief Examiner to the Secretary, who shall enter the names of the persons passing, in the order of their average rating, on the proper list of eligibles; provided that the names of veterans so passing shall be entered, in the order of average rating, at the head of such list. The date of the establishment of a list shall be the date of such report.

2. When two or more eligibles on a list have the same average rating, preference in certification shall be determined by the order in which their applications were filed, or, if the examination be for promotion, by the order of their original appointment in the department or other division of the service in which the promotion occurs.

3. The term of an eligible list shall be not less than one year nor more than four years from the date of its establishment. An eligible list that has been in force for one year, except for the position of temporary clerk, shall terminate whenever a new list is established under the same title, and, in case of a graded position, for the same grade or grades.

Persons whose names appear on a list about to be terminated shall be notified of the new examination, in the same manner that applicants there for are notified, and shall be informed that, upon the establishment of the new list, their original eligibility shall cease.

4. All eligible lists shall be published, as early as may be practicable after their establishment, in the "City Record."