(a) The following individuals shall be eligible for moving expenses in accordance with the provisions of these regulations:

1. (1) Employees in positions who are promoted, transferred or reassigned for the convenience of the State shall be eligible for reimbursement for approved moving and travel expenditures in accordance with the provisions of these regulations.
2. (2) Employees transferred or reassigned as a result of a relocation of an agency or subdivision of an agency or the abolition of a position shall be deemed transferred or reassigned for the convenience of the State.
3. (3) No reimbursement for moving expenses shall be made to appointees unless the appropriate appointing authority, for positions outside the competitive class, or by the Department of Civil Service, for competitive class positions, has determined that there exists in New York State a shortage of qualified candidates for the position to which the appointment is made.

(b) Employees shall not be eligible for reimbursement for expenses incurred in moving if:

1. (1) the transfer or reassignment is a result of a demotion, either voluntary or following disciplinary action;
2. (2) the transfer or reassignment is made for educational or training purposes;
3. (3) the transfer or reassignment is made at the request of the employee and is not expressly for the convenience of the State; or
4. (4) reimbursement for moving expenses shall not be grated if the distance between the old and new places of employment or between the new place of employment and place of residence at time of employment, as measured over the shortest distance along public highways, is less than 35 miles.