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General Laws

Section 22. (a) There shall be a military service commission, hereinafter called the commission, consisting of the adjutant general and six officers of the Massachusetts national guard, army and air. Three of such officers shall be selected from the army national guard, and three of such officers shall be selected from the air national guard. The commander-in-chief shall initially detail two such officers for terms of one year each, two such officers for terms of two years each and two such officers for terms of three years each. Thereafter all officers will be detailed to the commission for terms of three years by the commander-in-chief.

(b) The commission shall establish an eligible list for all commissioned and warrant officer grades in the armed forces of the commonwealth, and all commissioned officers of the armed forces shall be selected from the eligible list so established.

(c) The commission shall from time to time prepare rules, to take effect upon approval by the commander-in-chief, regulating the selection of persons to fill commissioned and warrant offices in the armed forces. Such rules may be of general or limited application and may include provisions for (1) the classification of all grades to be filled; (2) open, competitive and other examinations to test the practical fitness of the applicants; and (3) the filling of vacancies in and selection of persons for commission in the armed forces, in accordance with the fitness of applicants and the results of such examination.

(d) The commission may designate commissioned officers of the armed forces of the commonwealth to act as examiners.

(e) Members of the commission and the examiners shall receive such pay for duty performed, and may incur such expenses, as may be appropriated therefor.

(f) The commission shall prepare a record of its proceedings and findings in the case of each person appearing before it for examination.

(g) All examinations for physical qualifications to hold office in the armed forces of the commonwealth shall be made by a board of medical officers detailed by the commander-in-chief for that purpose, which shall report its findings to the commission. If the commission finds that an officer reported to be physically unsound possesses professional and general qualifications of a high order, and that his physical disabilities will not materially impair his efficiency as an officer, it may thereupon recommend waiver of such physical disabilities. A description of such disabilities and all reports and facts resulting in a waiver of the same shall be entered in the military record of the officer concerned.

(h) Examinations for professional qualifications to hold office in the armed forces of the commonwealth shall be made by a panel of the commission consisting of those members of the component of the candidate.

(i) An officer certified as eligible for his grade, if assigned to duty in that grade, shall not be required to take another examination under the rules adopted by authority of subsection (c) of this section in order to continue to hold the same commission or warrant; provided, that the commission may, by rule or regulation, limit the length of time during which an applicant’s name may remain on an eligible list without re-examination.

(j) Subject to Article LIII of the Articles of Amendment of the Constitution, any person certified as eligible for any specific grade in the national guard, army or air, under the laws of the United States, and graduates of the Massachusetts Military Academy, shall be placed on the eligible list by the commission without professional examination.

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