NY Civ Serv L § 50-A (2021)
2021 New York Laws CVS - Civil Service Article 4 - Recruitment of Personnel Title A - Examinations and Eligible Lists 50-A - Test Validation Boards.

§ 50-a. Test  validation  boards.  Any  person  who  has taken a civil   service examination for a position in the competitive class  within  the   jurisdiction  of  the  department  of  personnel of the city of New York   shall have the  opportunity  to  protest  any  answer  or  rating  guide   proposed  by  the  department  of  personnel  to  any  question  on such   examination in accordance with the  provisions  of  this  section.  Such   protest  must  be filed with the city personnel director within the time   limits established pursuant to this section, and in the manner set forth   in this section. Within a reasonable  time  after  the  last  date  that   protests  are  permitted  to be filed pursuant to this section, the city   personnel director shall submit all protests filed in connection with an   examination to a test validation board which shall consist of one member   appointed by the city personnel director, one member  appointed  by  the   city  personnel  director from a list of up to three incumbent employees   nominated by the certified employee organization representing  employees   in  the title of the examination in question or if no certified employee   organization  exists,  then  nominated  by  an   employee   organization   recognized   by   the  city  personnel  director  as  representing  such   employees, and one member appointed jointly by the other two members. If   there is more than one certified employee organization or more than  one   recognized  employee  association,  such  organizations  or associations   shall submit jointly a list  of  three  nominees.  Within  a  reasonable   period  after the date a civil service examination for a position in the   competitive class within the jurisdiction of the department of personnel   of the city of New York  is  administered,  the  department  shall  make   available  to  candidates  the  examination  questions  and proposed key   answers or rating guide, as appropriate, prepared by the city  personnel   director  or  his or her designee. The candidate's answer sheet shall be   made available to them at the beginning of the  protest  period.  Within   thirty  days  from the date that such proposed key answers and/or rating   guides are made available to candidates, any candidate wishing to file a   protest to one or more key answers or to the rating guide shall submit a   completed written protest, together with evidence in support thereof, to   the city personnel director. Such protest shall be  duly  subscribed  by   the  protesting  candidate,  shall  state  the  date  and  number of the   examination, and the candidate's social security number and the original   and four copies shall be submitted. Protests to proposed key answers  or   rating  guides  shall  include  a  statement  explaining  why the answer   selected by the protesting candidate is as good as or  better  than  the   proposed  key  answer  or  why  the  rating  guide  is in error, and any   additional evidence the candidate wishes to submit in  support  of  such   statement.  Within  a  reasonable  time  after  the last date for filing   protests, the test validation board shall make a  determination  whether   the  answers  selected  by  the  protesting candidates are as good as or   better than the proposed key answers or whether the rating guide  should   be  modified  and  shall give reasons therefor in an opinion in writing.   Such determination shall be binding on the city personnel  director  and   shall  be  made  available  for  review  at the department of personnel.   Within ten days after the determination  is  issued,  a  notice  of  its   availability  shall  be served upon the protesting candidates by mail. A   candidate aggrieved by the determination of the  test  validation  board   may  file  a petition in supreme court pursuant to article seventy-eight   of the civil practice law and rules in accordance with subdivision seven   of section fifty of this chapter.  Such petition must  be  filed  within   thirty  days  after  service  of  the  notice  of  availability  of  the   determination  of  the  test  validation  board  upon  the    protesting   candidate  in  accordance  with the provisions of this section. The city   civil  service  commission  shall   have   no   jurisdiction   to   make    determinations  with  respect to protests to answers or rating guides to   civil service examination questions.