2023 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.