fications, 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 preliminary 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 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 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 standard examinations for the positions and groups of positions aforesaid as shall be wholly or in part 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.

4. For the purpose of making examinations of applicants, from time to time, as may be required, the Commission shall designate and select a suitable number of persons to be members of boards of examiners at such places as it deems necessary, and shall duly commission such persons. as examiners; and the Commission may 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 members of any board of examiners shall not all be adherents of one political party when other persons are available and competent to serve upon such board.

5. Examinations of a general character shall be held at least once a year in each of the following places: Albany, Amsterdam, Auburn, Binghamton, Buffalo, Dunkirk, Elmira, Geneva, Hornellsville, Ithaca, Jamestown, Johnstown, Kingston, Lockport, Malone, Middletown, Newburgh, New York, Ogdensburg, Olean, Oneonta, Oswego, Plattsburgh, Poughkeepsie, Rochester, Sandy Hill, Saratoga, Syracuse, Utica and Watertown, and may be held more often in such places, or at other places for specific purposes in the discretion of the Commission; and under its direction the chief examiner shall advertise 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 has a fiduciary or executive character, the Commission may require, as a part of the examination, such special certificates by reputable and responsible citizens as to the character, trustworthiness and business experience of an applicant or eligible as it may deem proper and expedient. All such special certificates shall be properly filed and retained as public records in the office of the Commission.

8. When the position to be filled involves fiduciary responsibility, the appointing officer, where otherwise permitted by law, may require the appointee to furnish a bond. or other security and shall notify the Commission of the amount and necessary details thereof.

9. No person who has entered any examination for at position in the classified service shall be admitted within nine months from the date thereof to a new examination for the same position.

10. Examination papers shall be rated on a scale of 100, 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.

Rule XI. Eligible Lists.

1. Every competitor who attains an average percentage of 75 or over on all the obligatory subjects in any examination, and whose standing on every such obligatory subject is 60 or over, shall be eligible for appointment to the position for which he was examined; and the names of eligibles shall be entered, in the order of their average percentages, on the proper register of eligibles; provided that

the names of 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 percentages at the head of the proper register of eligibles.

2. When two or more eligibles on a register have the same average percentage, preference in certification shall be determined by the order in which their applications were filed, but neither priority in the date of application nor of examination will give any other advantage in position on the registers of eligibles.

3. Appointment shall be made from the eligible list most nearly appropriate for the group in which the position to be filled is classified, and a new list shall be created for a stated position or group of positions only when there is no appropriate list existing or when the existing list from which certification is to be made is likely to be exhausted.

4. The Commission shall prescribe the character of the distinct eligible lists, designating the positions that may be filled by certification from each of such lists. A transfer of names from one eligible list to another, prepared as above, may be made by direction of the Commission.

5. The term of eligibility shall be fixed by the regulations of the Commission at not less than one nor more than four years, with reference mainly to the probable number and frequency of certifications to be made from such lists respectively.

6. Merit lists for appointment in the State service existing at the time of the passage of the Civil Service Law shall be continued as the eligible lists from which appointments are to be made until an examination for similar