New York Laws
Title A - Organization and Functions of State Civil Service Department
6 - Powers and Duties of the State Civil Service Commission.

§ 6. Powers and duties of the state civil service commission. The
state civil service commission shall

1. Prescribe and amend suitable rules and regulations for carrying
into effect the provisions of this chapter and of section six of article
five of the constitution of the state of New York, including (a) rules
for the jurisdictional classification of offices and positions in the
classified service of the state; (b) rules for examinations,
appointments, promotions, transfers, leaves of absence, resignations and
reinstatements, and the keeping, reporting and reviewing of performance
ratings of employees in the classified service of the state and civil
divisions for which the provisions of this chapter are administered by
the state civil service department; (c) rules for sick leaves,
vacations, time allowances and other conditions of employment in the
classified service of the state and, notwithstanding any other provision
of this chapter or any other law, such rules may provide for cash
payment of the monetary value of accumulated and unused vacation or time
allowances granted in lieu of overtime compensation standing to the
credit of an employee at the time of his or her separation from service
or his or her entrance into the armed forces of the United States for
active duty (other than for training) as defined by title ten of the
United States code, whether or not such entrance constitutes a
separation from service, and for the payment of the monetary value of
his or her accumulated and unused time allowances granted in lieu of
overtime compensation standing to the credit of an employee at the time
of his or her appointment, promotion or transfer from the department or
agency in which such time allowances were earned to another department
or agency and provided further however that any such rules or
regulations shall provide that individuals certified by an examining
physician as benefiting from the use of a service animal in performing
major life activities, individuals registered with the New York state
commission for the blind as legally blind or certified by an examining
physician or licensed optometrist as legally blind, as manifested by
visual acuity of 20/200 or less in the better eye with best correction
or visual field of 20 degrees or less, and individuals who are deaf or
hard of hearing manifested by a speech discrimination score of forty
percent or less in the better ear with appropriate correction as
certified by an examining physician or a licensed audiologist or
otorhinolaryngologist as defined in section seven hundred eighty-nine of
the general business law, or a physician who has examined such person
pursuant to the provisions of section seven hundred ninety-two of such
law, may charge against accumulated sick leave credits and upon written
agreement between the individual and the employer, may borrow against
sick leave credits not yet accumulated, for the purpose of obtaining
service animals or guide dogs and necessary training, up to a maximum of
twenty-six days in any one calendar year; and (d) rules for the position
classification and jurisdictional classification of offices and
employees in civil divisions for which the provisions of this chapter
are administered by the state civil service department.

Such rules and any modification thereof shall take effect when
approved by the governor and filed in the office of the department of
state, and shall have the force and effect of law;

2. Keep minutes of its own proceedings and records of its other
official actions;

3. Make investigations concerning all matters touching upon the
enforcement and effect of the provisions of this chapter and the rules
and regulations established thereunder and concerning the action of any
person in respect to the administration of this chapter. In the course
of such investigations each member and any officer or employee

previously designated in writing by the commission to conduct
investigations or hearings in its behalf shall have power to administer
oaths. A record of such written designation shall be kept on file in the
office of such commission;

4. Have power to subpoena and require the attendance in this state of
witnesses and the production of books and papers pertinent to the
investigation and inquiries hereby authorized and to examine them and
such public records as it shall require relating to any such matter. For
the purposes of such examination, the commission possesses all the
powers conferred by the legislative law upon a committee of the
legislature or by the civil practice law and rules, upon a board or
committee. A subpoena issued under this section shall be regulated by
the civil practice law and rules. Said commission and any officer or
employee previously designated in writing by it to act in its behalf may
invoke the power of any court of record in the state to compel witnesses
to attend, testify and produce books and papers;

5. Hear and determine appeals instituted by any person believing
himself aggrieved by any action or determination of the president of the
commission acting as the head of the department, made under the
authority conferred upon such president or department under the
provisions of this chapter except article eleven hereof; provided,
however, that no such appeal shall be allowed (a) if the action or
determination involved relates solely to matters of internal management
of the department, or (b) if the action or determination involved was
considered and approved in advance by the commission. The appeals
authorized by this subdivision shall be instituted by applications in
writing to the commission within thirty days of the action or
determination to be reviewed. The commission, for good cause shown, may
waive such thirty-day limitation. The commission may make such
investigation or inquiry into the facts relative to the action or
determination appealed from as may be deemed advisable and may affirm,
reverse or modify such action or determination;

6. Make determinations of all appeals filed with the state commission
pursuant to the provisions of section one hundred twenty of this
chapter;

6-a. Submit a report on or before January thirty-first of each year,
to the governor and the legislature which shall include, but not be
limited to, information detailing the total number of appeals received
from determinations made based upon written and oral examinations,
performance tests and ratings of training and experience, during the
preceding twelve months, and the final disposition or dispositions of
each appeal.

7. Meet in Albany at least once in each calendar month, except the
month of August, and hold such other meetings at such places within the
state as the needs of the public service may require. A majority of the
members of the commission shall constitute a quorum.