New York Codes, Rules and Regulations
Title 4 - DEPARTMENT OF CIVIL SERVICE
Chapter IV - Regulations Of The State Civil Service Commission (commission's Regulations)
Part 58 - Employment Of Handicapped Persons Pursuant To The Provisions Of Sections 55-b And 55-c
Section 58.2 - Determination of eligibility for appointment to a position

(a) Any person who believes himself or herself to be eligible for appointment pursuant to section 55-b or 55-c may apply to the Department of Civil Service on a form to be prescribed by the department.

(b) An appointing authority may nominate any person, who appears to be eligible, for appointment to a position in the competitive class pursuant to section 55-b or 55-c.

(c) The employee health service of the Department of Civil Service shall make all determinations regarding the existence of a qualifying disability and shall, in addition, determine whether the person is capable of performing the essential duties of the position.

(d) Such person must additionally meet the minimum qualifications for the position being sought.

(e) If the employee health service determines that the documentation submitted is insufficient to make a determination as to whether or not a person is eligible, the employee health service may require the person to submit further evidence or to undergo a medical examination by an employee health service physician.

(f) If upon a review of submitted documentation or a medical examination the employee health service determines that a person is not eligible, the employee health service shall:

(g) If upon such examination the employee health service determines that an individual nominated for appointment is physically or mentally handicapped and is able to perform the essential duties of the position for which he or she has been nominated, the employee health service shall certify such person as eligible for appointment pursuant to section 55-b or 55-c of the Civil Service Law.