§ 70. Transfers. 1. General provisions. Except as provided in\nsubdivisions four, six and seven of this section no employee shall be\ntransferred to a position for which there is required by this chapter or\nthe rules established hereunder an examination involving essential tests\nor qualifications different from or higher than those required for the\nposition held by such employee. The state and municipal commissions may\nadopt rules governing transfers between positions in their respective\njurisdictions and may also adopt reciprocal rules providing for the\ntransfer of employees from one governmental jurisdiction to another. No\nemployee shall be transferred without his or her consent except as\nprovided in subdivision six or seven of this section or upon the\ntransfer of functions as provided in subdivision two of this section.\n 2. Transfer of personnel upon transfer of functions. Upon the transfer\nof a function (a) from one department or agency of the state to another\ndepartment or agency of the state, or (b) from one department or agency\nof a civil division of the state to another department or agency of such\ncivil division, or (c) from one civil division of the state to another\ncivil division of the state, or (d) from a civil division of the state\nto the state, or vice versa, provision shall be made for the transfer of\nnecessary officers and employees who are substantially engaged in the\nperformance of the function to be transferred. As soon as practicable\nafter the adoption of a law, rule, order or other action directing such\na transfer of function, but not less than twenty days prior to the\neffective date of such transfer, the head of the department or agency\nfrom which such function is to be transferred shall certify to the head\nof the department or agency to which such function is to be transferred\na list of the names and titles of those employees substantially engaged\nin the performance of the function to be transferred, and shall cause\ncopies of such certified list to be publicly and conspicuously posted in\nthe offices of the department or agency from which such function is to\nbe transferred, along with copies of this subdivision. Any employee of\nthe department or agency from which such function is to be transferred\nmay, prior to the effective date of such transfer, protest his or her\ninclusion in or exclusion from such list by giving notice of such\nprotest in writing addressed to the heads of the respective departments\nor agencies from which and to which transfer is to be made, which notice\nshall state the reasons for the protest. The head of the department or\nagency to which such function is to be transferred shall review the\nprotest and after consultation with the head of the department or agency\nfrom which such function is to be transferred notify the protestor\nwithin ten days from the receipt of such protest of the determination\nwith respect to such protest. Such determination shall be a final\nadministrative determination. Failure to make such protest shall be\ndeemed to constitute consent to inclusion in or exclusion from, as the\ncase may be, the certified list of employees engaged in the function to\nbe transferred. Officers and employees so transferred shall be\ntransferred without further examination or qualification, and shall\nretain their respective civil service classifications and status. For\nthe purpose of determining the officers and employees holding permanent\nappointments in competitive class positions to be transferred, such\nofficers and employees shall be selected within each grade of each class\nof positions in the order of their original appointment, with due regard\nto the right of preference in retention of disabled and non-disabled\nveterans. Any employee who fails to respond to or accept a written offer\nof transfer from the department or agency to which such function is to\nbe transferred within ten days after receipt of such offer shall be\ndeemed to
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