N.Y. Comp. Codes R. & Regs. Tit. 4 § 66.4 - The examination process; conduct of investigations
(a) The State Civil Service Department may
conduct investigations concerning the qualifications of candidates, eligibles
and appointees for State positions or public authorities under the jurisdiction
of the department. The scope of these investigations may include training,
experience and character qualifications or any area pertinent to the
suitability of the candidate, eligible or appointee for employment. The
investigation of candidates, eligibles or appointees shall be as complete as is
necessary to make an informed evaluation and determination. This may include
the taking of fingerprints and physical descriptive data of such candidate,
eligible or appointee and submission to the Division of Criminal Justice
Services for processing.
(b) Each
case involving a criminal conviction shall be considered on its own merits. A
candidate, eligible or appointee shall not automatically be disqualified or
barred from appointment solely on the basis of a criminal conviction unless
mandated by statute.
(c) In review
of the criminal convictions full consideration shall be given to the following:
(1) Nature and seriousness of the
offense;
(2) Circumstances under
which the offense was committed;
(3) Lapse of time since the offense was
committed;
(4) Individual's age at
the time of the offense;
(5) Social
conditions which may have fostered the offense;
(6) Relationship of the nature of the offense
to the position sought;
(7) Number
of criminal convictions;
(8)
Honesty of the candidate in admitting the conviction record; and
(9) Evidence of rehabilitation as
demonstrated by the individual's good conduct while in correctional custody
and/or the community; counseling or psychiatric treatment received; acquisition
of additional academic or vocational schooling; successful participation in
correctional work-release programs and the recommendations of persons who have
or have had the applicant under their supervision.
(d) Any person who is disqualified as the
result of an investigation conducted pursuant to this section shall be advised,
in writing, of the reason for such disqualification. Any person so disqualified
may appeal such disqualification by submitting a written explanation, supported
by available documentary evidence, containing a short and plain statement of
the facts upon which he relies to show that such disqualification was
incorrect. Such appeal shall be filed with the President of the Commission
within 10 days of the date of the written notice of disqualification. Any
appointee who has been disqualified pursuant to this section shall be continued
in service until the end of the appeal period provided in this section or, in
the event a timely appeal is filed, until a final determination is made, as the
case may be, provided, however, nothing contained in this section shall be
deemed to permit an employee's continuation in service beyond the probationary
period otherwise applicable or when such employee's service would have
otherwise been terminated or would have ceased under law.
Notes
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