Disqualification Determinations

Who may appeal?

Under section 813(d) of the New York City Charter, the CSC is authorized to hear and decide appeals by candidates who have been disqualified and been removed from an eligible list or from a competitive civil service title.

Under Civil Service Law Section 50(4), the DCAS Commissioner or other examining agency may lawfully disqualify candidates:

  • who lack any of the requirements established by the notice of examination for admission to the examination, or for appointment to the position applied for; who have a disability rendering them unfit to perform in a reasonable manner the duties of the position sought;
  • who have been found guilty of a crime;
  • who have been dismissed, terminated, or have resigned from a position in the public service as the result of incompetence or misconduct;
  • who have intentionally made a false statement of material fact in their application;
  • who have practiced, or attempted to practice, any deception or fraud in their application, examination, or in securing eligibility or appointment; or
  • who have been dismissed from private employment because of habitually poor performance.

Who may not appeal?

The CSC does not hear appeals in the following instances:

  • If an individual has been appointed to a position for which they have not taken a competitive examination, including provisional titles; or
  • If an individual has been dismissed from a position while still serving a probationary period.
  • If an individual has not received their final determination from the agency, the Department of Citywide Administrative Service's (DCAS) Committee on Manifest Errors (CME), or the New York City Transit Authority Personnel Review Board

Under certain limited circumstances, a provisional or probationary employee may have a right of appeal. For more information, please refer to the Other Types of Appeals section.