Section 55. Examination of blind or physically handicapped applicants  


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  • 1.
      Notwithstanding any provision of law to the contrary, except  as  herein
      provided, neither the state civil service department nor the state civil
      service  commission  nor  any  municipal  civil service commission shall
      hereafter prohibit, prevent,  disqualify  or  discriminate  against  any
      person  who  is  physically  and  mentally  qualified,  from  competing,
      participating  or  registering  for  a  civil  service  competitive   or
      promotion   examination  or  from  qualifying  for  a  position  in  the
      classified civil service solely by reason of his  or  her  blindness  or
      other handicap; and any such rule, requirement, resolution or regulation
      shall be void.
        2. The state civil service department and each municipal civil service
      commission   shall  cooperate  with  the  commission  for  the  visually
      handicapped in the state department of social services,  and  the  state
      education  department,  to the end that there shall be no discrimination
      against blind or handicapped persons  applying  in  the  civil  service,
      unless  the  condition  of  blindness  or  other  handicap be such as to
      prevent the blind or handicapped person from  satisfactorily  performing
      the duties of the position to which he seeks appointment.
        3.  Upon  request  of  an applicant or an eligible for a civil service
      position who has been found to be blind or  otherwise  handicapped,  the
      commission  for  the  visually  handicapped  in  the state department of
      social services, or in the case of an otherwise handicapped person,  the
      state  education  department,  shall obtain from the state civil service
      department or the  appropriate  municipal  civil  service  commission  a
      detailed   description   of  all  duties  of  such  position  and  shall
      investigate the extent of the alleged disability by examination of  such
      applicant  or  otherwise, and shall determine and report its findings to
      the state  civil  service  department  or  appropriate  municipal  civil
      service  commission,  as  to  the  physical ability of such applicant or
      eligible to perform the duties of such position. Such findings shall  be
      given  due  consideration  by  the  state  civil  service  department or
      municipal civil service commission.
        4. Where the  applicant  for  a  civil  service  position  is  not  so
      physically  disabled  by  blindness  or other handicap as to prevent him
      from satisfactorily performing the duties of the position for  which  he
      is  applying,  to insure competitive equality between the blind or other
      handicapped person and persons not so handicapped in connection with the
      taking of written civil service test, the commission  for  the  visually
      handicapped  in  the state department of social services, or in the case
      of an otherwise handicapped person, the state education department,  may
      request from the state civil service department or appropriate municipal
      civil service commission the furnishing of an amanuensis when necessary,
      allowing additional time for such test to insure equality.
        5.  The  provisions  of  this section shall not apply to applicants or
      eligibles  whom  the  state  civil  service  commission  or  appropriate
      municipal  civil  service commission finds to be incapacitated by mental
      illness for performance of the duties of the position sought.