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and subdivisions that comprise respectively such duties and functions.
4. For the purpose of orderly arrangement and of regulated promotion, the positions in each subdivision of each group shall be divided into grades based upon the rates of annual compensation.
Grades of employment fixed by law, or by regulation of any department, office or institution made in pursuance of law, shall be the grades for purposes of promotion under this rule. 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 $600 per annum.
Grade 2. All positions, the compensation of which is at the rate of more than $600, but not more than $900 per annum.
Grade 3. All positions, the compensation of which is at the rate of more than $900, but not more than $1,200 per annum.
Grade 4. All positions, the compensation of which is at the rate of more than $1,200, but not more than $1,400 per annum.
Grade 5. All positions, the compensation of which is at the rate of more than $1,400, but not more than $1,600 per annum.
Grade 6. All positions, the compensation of which is at the rate of more than $1,600, but not more than $1,800 per annum.
Grade 7. All positions, the compensation of which is at the rate of more than $1,800, but not more than $2,100 per annum.
Grade 8. All positions, the compensation of which is at the rate of more than $2,100, but not more than $2,500 per annum.
Grade 9. All positions, the compensation of which is at the rate of more than $2,500, but not more than $3,000 per annum.
Grade 10. 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 the appointment or employment of the person graded highest on the proper eligible list as the result of 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. 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. An eligible who has declined an appointment shall not there
after be certified for a position at the same or any less salary except upon his written request 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. Whenever the sex of the person to be appointed is fixed by any law, rule or regulation, or is specified in the request for certification, the name of the person graded highest of the sex so fixed or specified shall be certified, but in other cases certification shall be made without regard to sex.
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, the appointing officer may nominate a person to the State Commission for noncompetitive examination, and if such nominee shall be certified by such Commission as qualified after such noncompetitive 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 two 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 oi 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 suspension 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 in the State service 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.
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 any person engaged in private business who shall render any professional, scientific, technical or other expert service of an occasional and exceptional character to any State officer, and whose compensation in any one year shall not exceed $300; provided, that such limitation or compensation shall not apply to
any such 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. All exceptions granted under this section, with the reasons therefor, shall be set forth by the Commission in its next annual report.
10. Whenever a vacancy exists in the competitive class, and there is no eligible list from which an appointment can be made thereto, and in an open competitive examination duly advertised there either are no applicants or none of the applicants appearing is found qualified, the head of the office may nominate a person to the Commission for noncompetitive 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 appointment of such person may be made permanent.
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 an actual resident of the State of New York at the time of his application, provided, 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 quali