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THE CITY RECORD

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dcas.nyc.gov or by calling this phone number: 212 386-0555.
Requests of American Sign Language interpretation must be received by DCAS not later than December 29, 2023.
Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at NYC Rules cityofnewyork.us.
What authorizes DCAS to make this rule? Sections 1043, 811 and 814 of the City Charter and Section 15, 20 and 50 of the New York Civil Service Law authorize DCAS to make this proposed rule. This proposed rule was not included in DCAS regulatory agenda for this Fiscal Year because it was not contemplated when DCAS published the agenda.
Where can I find the DCAS rules? The DCAS rules are in title 55 of the Rules of the City of New York.
What laws govern the rulemaking process? DCAS must meet the requirements of Section 20 of the Civil Service Law and Section 1043 of the City Charter when creating or changing rules. This notice is made according to the requirements of Section 20 of the Civil Service Law and Section 1043 of the City Charter.

4 A late application in an open competitive examination shall be accepted from a provisional appointee to the title for which the examination is administered if submitted by the employing agency personnel office as early as practicable prior to the day of the first test thereof if such late application includes a signed statement from his or her personnel officer that he or she was absent from employment because of vacation, sick leave, military duty, or other reason acceptable to the Department of Citywide Administrative Services, for a period of not less than one-half of the application period.
45 The Department of Citywide Administrative Services assumes no responsibility for applications where:
i errors or mistakes are made therein by the applicant;
ii they are filed by mail;
iii they are not filed with the Department of Citywide Administrative Services or other agency designated by the Commissioner of Citywide Administrative Services to accept applications; or iv they are not received on a timely basis.
NEW YORK CITY LAW DEPARTMENT
DIVISION OF LEGAL COUNSEL
100 CHURCH STREET
NEW YORK, NY 10007
212-356-4028

Statement of Basis and Purpose of Proposed Rule The Department of Citywide Administrative Services DCAS has promulgated General Examination Regulations, codified at Title 55
of the Rules of the City of New York R.C.N.Y., Chapter 11, for the administration of examinations for applicants for positions classified in the competitive class. Section 11-01 sets forth the procedure for late applications for promotional examinations.
This proposed rule amends section 11-01b4 to permit provisional appointees to submit late applications for open competitive examinations if they are absent from work during the application period because of military duty, sick leave, vacation or other acceptable reasons. Pursuant to Section 501 of the Civil Service Law, the merit and fitness of applicants for positions in the competitive class of the Citys classified service must be ascertained by competitive examinations administered by DCAS. Section 65 authorizes City agencies to fill vacancies in the competitive class with on a provisional basis when there are no civil service lists available to fill vacancies on a permanent basis, but requires that provisional appointees be terminated not later than two months after the establishment of an eligible list for the title. Many of the individuals who hold provisional appointments perform essential public services. Amending the rule to permit provisional appointees who have missed the application period for valid reasons to submit late applications for open competitive examinations advances the continued quality and effectiveness of governmental operations by allowing experienced employees to seek permanent status.
DCAS authority for these rules is found in sections 15, 20, and 50 of the New York Civil Service Law and sections 1043, 811, and 814 of the New York City Charter.

CERTIFICATION PURSUANT TO
CHARTER 1043d RULE TITLE: A
mendment of Rules Relating to Civil Service Examinations REFERENCE NUMBER: 2023 RG 052
RULEMAKING AGENCY: D
epartment of Citywide Administrative Services I certify that this office has reviewed the above-referenced proposed rule as required by section 1043d of the New York City Charter, and that the above-referenced proposed rule:
i is drafted so as to accomplish the purpose of the authorizing provisions of law;
ii is not in conflict with other applicable rules;
iii to the extent practicable and appropriate, is narrowly drawn to achieve its stated purpose; and iv to the extent practicable and appropriate, contains a statement of basis and purpose that provides a clear explanation of the rule and the requirements imposed by the rule.
/s/ STEVEN GOULDEN
Senior Counsel
Section 1. Subdivision bof section 11-01 of title 55 of the Rules of the City of New York, relating to applications for civil service examinations, is amended to read as follows:
1 Completed application forms and required fee must be submitted in a manner specified by the Notice of Examination for the specific position for which the applicant is applying. Applications must be received by the last date for receipt of applications specified in the Notice of Examinations.
2 Except on legal holidays and unless otherwise stated in the Notice of Examination, the Application Centers of the Department of Citywide Administrative Services, located at 2 Lafayette Street, 17th Floor, New York, NY 10007 and at 210 Joralemon Street, 4th Floor, Brooklyn, NY 11210, are open from Monday to Saturday, from 9 a.m. to 5 p.m.
Application forms can be obtained without charge at the Application Centers during the application period specified in the Notice of Examination. Application materials are also available at the website of the Department of Citywide Administrative Services at www.nyc.gov/
dcas.
3 A late application in a promotion examination shall be accepted if submitted by the employing agency personnel office as early as practicable prior to the day of the first test thereof if such late application includes a signed statement from his or her personnel officer that he or she was absent from employment because of vacation, sick leave, military duty, or other reason acceptable to the Department of Citywide Administrative Services, for a period of not less than onehalf of the application period.

Date: July 24, 2023

NEW YORK CITY MAYORS OFFICE OF OPERATIONS
253 BROADWAY, 10th FLOOR
NEW YORK, NY 10007
212-788-1400

New material is underlined.
Deleted material is in brackets.

b Applications.

WEDNESDAY, DECEMBER 6, 2023

CERTIFICATION / ANALYSIS
PURSUANT TO CHARTER SECTION 1043d RULE TITLE: Amendment of Rules Relating to Civil Service Examinations REFERENCE NUMBER: DCAS-10
RULEMAKING AGENCY: Department of Citywide Administrative Services I certify that this office has analyzed the proposed rule referenced above as required by Section 1043d of the New York City Charter, and that the proposed rule referenced above:
i Is understandable and written in plain language for the discrete regulated community or communities;
ii Minimizes compliance costs for the discrete regulated community or communities consistent with achieving the stated purpose of the rule; and iii Does not provide a cure period because it does not establish a violation, modification of a violation, or modification of the penalties associated with a violation.
/s/ Francisco X. Navarro Mayors Office of Operations
July 24, 2023
Date
Accessibility questions: Gavin Roney, 212-386-0555, groney@dcas.nyc.
gov, by: Friday, December 29, 2023 5:00 P.M.

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