reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 211 - Subpoenas › Section 211.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to the agency's authority pursuant to section
				205.5(k) of the
				act to issue subpoenas to compel the attendance of a person to testify at a
				hearing conducted by the board or a designee of the board on behalf of a party
				or subpoenas requiring the production of books, papers, documents or other
				objects on behalf of a party.
(b)
				Nothing contained herein shall in any way affect the right of any person or
				entity to issue a subpoena pursuant to law.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 211 - Subpoenas › Section 211.2 - Issuance of subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
All agency subpoenas shall be issued at the discretion of the
				  presiding administrative law judge or other presiding officer or agent of the
				  board (hereafter referred to as the administrative law judge). The
				  administrative law judge may grant or deny any subpoena request in whole or in
				  part. Requests for a subpoena filed within 10 working days of a scheduled
				  hearing date will not be considered absent good cause shown by the party
				  requesting the subpoena.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 211 - Subpoenas › Section 211.3 - Request for subpoena

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				administrative law judge may issue a subpoena only when the party applying for
				it files a written affidavit, with four copies, unless the chairperson has
				authorized electronic filing of such requests, conforming to the requirements
				of this Part, in which case the filing of a signed paper original consistent
				with this section and electronic filing and service of a copy shall constitute
				compliance with the filing and service requirements herein contained.
(b)
Contents of affidavit for a
				witness subpoena.
Such affidavit must specify:
(1) the name and address of each individual
				for whom the subpoena is sought; and
(2) facts sufficient to establish the
				relevancy of the testimony to be adduced pursuant to the subpoena.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 211 - Subpoenas › Section 211.4 - Service of subpoena

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				administrative law judge shall notify all parties as to the disposition of any
				subpoena request and shall furnish the party requesting the subpoena a
				completed subpoena form if the request has been granted in any
				respect.
(b) Service of the
				subpoena and the payment of appropriate witness fees shall be the
				responsibility of the requesting party and shall be made as required by
				law.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 211 - Subpoenas › Section 211.5 - Time and place for production of documents

Current through Register Vol. 46, No. 28, July 10, 2024
Any books, papers, documents or other objects ordered
				  pursuant to this Part shall be produced at the date and time specified in the
				  notice of hearing and/or at any adjourned dates as directed by the
				  administrative law judge unless production of the subpoenaed material at a
				  reasonable time before the scheduled hearing date is necessary in the judgment
				  of the administrative law judge to avoid unreasonable delay in the commencement
				  of the hearing due to the volume and/or the complexity of the material to be
				  produced.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 211 - Subpoenas › Section 211.6 - Motion to withdraw or modify

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Any person, entity, or party served with a subpoena may file a motion with the
				administrative law judge on notice to all parties, to withdraw or modify any
				subpoena issued pursuant to this Part.
(b) Any such motion must be made as soon as
				reasonably possible after the service of the subpoena so as not to interfere
				with the processing of the case.
(c) The administrative law judge upon motion
				or
sua sponte
may withdraw or modify a subpoena issued
				pursuant to this Part for good cause.
(d) Nothing in this section shall in any way
				affect any rights of any person or entity under law.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 211 - Subpoenas › Section 211.7 - Failure to honor a subpoena

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a
				party or witness fails without reasonable excuse to comply with a subpoena
				properly served, the default shall be noted in the record.
(b) The administrative law judge may, in his
				or her discretion, adjourn all or part of the hearing to allow the party who
				has requested the subpoena a reasonable opportunity to obtain compliance with
				the subpoena in accordance with applicable law.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 212 - Conference and Hearings › Section 212.1 - Intervention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) One or more
				public employees, an employee organization acting in their behalf, or a public
				employer may be permitted to intervene in an improper practice charge or
				representation petition. The intervenor must file with the administrative law
				judge an original and four copies of a motion setting forth the grounds for the
				intervention, with proof of service of such motion on all other parties. Should
				the chairperson authorize electronic filing of motions, the filing of a signed
				paper original consistent with this section and electronic filing and service
				of a copy shall constitute compliance with the filing and service requirements
				herein contained. Upon receipt of a motion to intervene, the administrative law
				judge shall set a schedule for the parties to respond to the motion.
(b) Unless filed by a public employer or by
				an employee organization that is the recognized or certified representative of
				employees in a unit claimed to be appropriate by one of the parties to the
				proceeding, a motion to intervene in an proceeding for certification and/or
				decertification shall be supported by a showing of interest of at least 30
				percent of the employees in such a unit or in a unit alleged to be appropriate
				by the intervenor. The showing of interest shall comply with the requirements
				specified in section
				201.4 of this Title.
(c) A motion to intervene filed by an
				employee organization which seeks certification shall be accompanied by the
				affirmation required by section
				207.3(b) of the
				act.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 212 - Conference and Hearings › Section 212.2 - Conference

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to the hearing, a designated administrative law judge
				  shall conduct a conference on notice to all parties. The failure of a party to
				  appear at the conference may, in the discretion of the administrative law
				  judge, constitute grounds for dismissal of the absent party's pleading and a
				  default determination.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 212 - Conference and Hearings › Section 212.3 - Conduct of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Hearings shall be open to the public unless otherwise ordered
				  by the administrative law judge. It shall be the duty of the administrative law
				  judge to inquire fully into all matters at issue and to obtain a full and
				  complete record.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 212 - Conference and Hearings › Section 212.5 - Briefs and proposed findings

Current through Register Vol. 46, No. 28, July 10, 2024
Any party shall be entitled upon request made before the
				  close of the record to file as directed by the administrative law judge a brief
				  or proposed findings of conclusions of fact, and conclusions of law, or both,
				  within such time as fixed by the administrative law judge. The administrative
				  law judge may direct the filing of briefs when the submission of briefs is
				  warranted by the nature of the proceeding or the particular issue therein. Any
				  such brief or proposed findings and conclusions of fact and conclusions of law
				  filed with the administrative law judge must be accompanied by proof of service
				  of a copy thereof upon all other parties. Reply or supplemental briefs, however
				  denominated, will not be permitted without prior request to an approval by the
				  administrative law judge. Such requests will not be approved unless the
				  opponent's brief properly raises issue for the first time which are material to
				  the disposition of the matter.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 212 - Conference and Hearings › Section 212.6 - Decision and order

Current through Register Vol. 46, No. 28, July 10, 2024
Upon completion of a proceeding, the administrative law judge
				  shall issue a decision and order, ruling or report and recommendations as
				  appropriate to the proceeding.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 213 - Exceptions to the Board › Section 213.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to exceptions and motions for leave to file
				  exceptions to the board to decisions, reports, orders, rulings or other
				  appealable findings or determinations of the director, the director of
				  conciliation, an assistant director or an administrative law
				  judge.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 213 - Exceptions to the Board › Section 213.2 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 15
				working days after receipt of a final decision or report by the director, the
				director of conciliation, an assistant director or administrative law judge, a
				party may file with the board a statement in writing setting forth exceptions
				thereto or to any other part of the record or proceedings. An original and four
				copies shall be filed, to be accompanied with an original and four copies of a
				separate brief in support thereof, along with proof of service on all other
				parties. Should the chairperson authorize electronic filing of exceptions, the
				filing of a signed paper original consistent with this section and electronic
				filing and service of a copy shall constitute compliance with the filing and
				service requirements herein contained. A copy of such exceptions and briefs
				shall be simultaneously served upon all other parties.
(b) The exceptions shall:
(1) set forth specifically the questions or
				policy to which exceptions are taken;
(2) identify that part of the decision,
				report, order, ruling or other findings or determinations to which exceptions
				are taken;
(3) designate by page
				citation the portions of the record relied upon; and
(4) state the grounds for exceptions. An
				exception which is not specifically urged is waived.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 213 - Exceptions to the Board › Section 213.3 - Cross-exceptions; responses; replies

Current through Register Vol. 46, No. 28, July 10, 2024
Within seven working days after receipt of exceptions, any
				  party may file in the same manner as the exceptions were filed, a response
				  thereto, or cross exceptions and a brief in support thereof, together with
				  proof of service of copies of these documents upon each party to the
				  proceeding. Within seven working days after receipt of cross exceptions, any
				  party may file in the same manner as the cross-exceptions were filed a response
				  thereto, together with proof of service of a copy thereof upon each party. No
				  pleading other than exceptions, cross-exceptions or a response thereto and no
				  brief other than that filed in support of such pleading will be accepted or
				  considered by the board unless it is requested by the board or filed with the
				  board's authorization. If any additional pleading or brief is requested or
				  authorized by the board, the board shall notify the parties regarding the
				  conditions under which that pleading will be permitted.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 213 - Exceptions to the Board › Section 213.4 - Motions for leave to file interlocutory exceptions in extraordinary circumstances

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Within 10 working days after any interim decision, order or ruling, a party
				may, consistent with section
				212.4(d) of this
				Chapter, file with the board an original and four copies of a motion seeking
				leave to file interlocutory exceptions to such interim decision, order or
				ruling. An original and four copies of a brief in support thereof shall be
				filed simultaneously as a separate document. A copy of the motion and briefs
				shall be served simultaneously upon all other parties and proof of such service
				shall be filed with the board. Should the chairperson authorize electronic
				filing of such motions and responses thereto, the filing of a signed paper
				original consistent with this section and electronic filing and service of a
				copy shall constitute compliance with the filing and service requirements
				herein contained.
(b) The motion
				for leave to file interlocutory exceptions shall:
(1) identify the alleged extraordinary
				circumstances warranting the grant of leave to file exceptions which shall
				include the factual, legal and/or policy reasons why leave should be
				granted;
(2) contain the proposed
				exceptions that shall meet the requirements of section
				213.2 of this Part; and
(3) attach copies of pleadings, the decision,
				order or ruling and relevant excerpts from the record.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 213 - Exceptions to the Board › Section 213.5 - Responses to motions for leave to file exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
Within five working days after notification from the deputy
				  chair or other agent of the board so designated that the motion for leave will
				  be considered by the board, any other party may file an original and four
				  copies of a response and brief in opposition as a separate document. A copy of
				  the response and brief shall be served simultaneously upon all other parties
				  and proof of such service shall be filed with the board. Should the chairperson
				  authorize electronic filing of such motions and responses thereto, the filing
				  of a signed paper original consistent with this section and electronic filing
				  and service of a copy shall constitute compliance with the filing and service
				  requirements herein contained.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 213 - Exceptions to the Board › Section 213.6 - Board action on motion for leave to file exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The board may grant or deny a motion for
				leave to file exceptions in a non-final decision. The denial of a motion for
				leave shall not preclude a party from filing an exception from a final
				determination by the director, the director of conciliation, an assistant
				director or administrative law judge.
(b) Upon the grant of a motion for leave to
				file exceptions, the board shall issue a schedule for the filing of exceptions,
				cross-exceptions, responses and briefs.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 213 - Exceptions to the Board › Section 213.7 - Request for extension of time

Current through Register Vol. 46, No. 28, July 10, 2024
A request for an extension of time within which to file
				  exceptions, motions for leave to file exceptions, cross-exceptions, responses
				  and briefs shall be in writing, and filed with the board before the expiration
				  of the required time for filing them, provided that the time during which to
				  request an extension of time may be extended because of extraordinary
				  circumstances. A party requesting an extension of time shall notify all parties
				  of its request and shall indicate to the board the position of each other party
				  with regard to such request.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 213 - Exceptions to the Board › Section 213.8 - Oral argument

Current through Register Vol. 46, No. 28, July 10, 2024
If a party desires to argue orally before the board, a
				  written request with reasons therefor shall accompany the exceptions, the
				  response thereto, or the cross-exceptions and be prominently displayed on the
				  first page of the party's papers. The board may grant such a request; it may
				  also direct oral argument on its own motion.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 213 - Exceptions to the Board › Section 213.9 - Amicus curiae procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Board initiated amicus procedure
.
(1) The board on its own motion may issue a notice soliciting
				non-parties to file amici briefs on a legal and/or policy issue in a pending
				matter before the board. The notice shall set the schedule for the filing of
				such briefs as well as the filing of supplemental briefs by the
				parties.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 213 - Exceptions to the Board › Section 213.10 - Final board action

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt
				of the case, the board may adopt, modify or reverse the decision, report,
				order, ruling, finding or determination to which exceptions have been
				filed.
(b) Unless a party files
				exceptions in accordance with this Part, the decision, report, order, ruling,
				finding or other determination, or any part thereof, other than that made in a
				proceeding under Parts 203 or 206 of this Title, will be final, except that the
				board may, on its own motion, decide to review the remedial action recommended
				under an improper practice charge within 20 working days after receipt by the
				parties of the decision and recommended order. A remedial order of an
				administrative law judge in an improper practice charge that is not, or is no
				longer, subject to review by the board as provided in this Part, shall be
				deemed to be a final order of the board for purposes of enforcement proceedings
				under this Part.
(c)
Reconsideration of final board action
.
Final decisions and orders will be reconsidered by the board
				  under the following circumstances:
(1)
				A party may, because of extraordinary circumstances, file a request for
				reconsideration with the board within five calendar days following the date of
				receipt of the final decision or order. The party shall state with specificity
				the grounds claimed and, where applicable, shall specify the page of the record
				relied upon. A copy of the request shall have been actually served upon each
				party of record prior to filing the request. Proof of actual service upon each
				party shall accompany the request. Any other party shall have three calendar
				days from actual service to file a response with the board. Actual service as
				used in this Part, means actual receipt by the party or the party's
				agent.
(2) The filing of a request
				for reconsideration shall not operate to stay the finality and effectiveness of
				the decision or order of the board for any purpose including but not limited to
				those of this Part unless otherwise ordered by the
				board.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 213 - Exceptions to the Board › Section 213.11 - Enforcement of board orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A party
				may ask the board to seek a judicial order enforcing the board's remedial order
				as provided by this Part if the party or parties against whom the order was
				issued refuses or has failed to comply with the board's order, provided that
				such order is not, or is no longer, subject to judicial review pursuant to this
				Part.
(b)
Request for
				enforcement.
A party seeking enforcement by the board must file with the
				  office of counsel an original and four copies of a written request stating the
				  reason(s) why a judicial order of enforcement is necessary, supported by an
				  original and four copies of affidavits of persons with personal knowledge of
				  the facts set forth therein, attesting to the alleged refusal or failure to
				  comply with the remedial order. Should the chairperson authorize electronic
				  filing of such requests, the filing of a signed paper original consistent with
				  this section and electronic filing and service of a copy shall constitute
				  compliance with the filing and service requirements herein contained. Said
				  request and supporting affidavits shall be accompanied by proof of service on
				  all other parties before the board.
(c)
Response.
Pursuant to a schedule set by the office of counsel, all
				  other parties before the board may file in the same manner as the request was
				  filed with the office of counsel an original and four copies of a written
				  response to the request for enforcement stating why enforcement is not
				  necessary, supported by affidavits of persons with personal knowledge of the
				  facts set forth therein. Said response and supporting affidavits shall be
				  accompanied by proof of service on all other parties before the
				  board.
(d)
Action by
				the board.
Following review of a request for enforcement and the
				  response, the board, by its office of counsel, will determine whether a
				  petition for a judicial order of enforcement pursuant to this Part should be
				  commenced.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 214 - Misconduct Before the Agency › Section 214.1 - Misconduct by any person

Current through Register Vol. 46, No. 28, July 10, 2024
Misconduct by any person at any stage of a case before the
				  board, an administrative law judge or other person designated by the board to
				  conduct proceedings, may be grounds for summary exclusion by the board,
				  administrative law judge, or other designee before whom the misconduct
				  occurred.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 214 - Misconduct Before the Agency › Section 214.2 - Suspension or other sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
Misconduct by an attorney or other representative before the
				  agency, including but not limited to misconduct at a hearing, shall be grounds
				  for discipline. Such misconduct, if of an aggravated character, may be grounds
				  for suspension and for prohibiting the attorney or representative from practice
				  before the agency and for other sanctions after due notice and a hearing before
				  the board or its designee. Any order of an administrative law judge imposing
				  discipline under this section will be appealable to the board as part of an
				  appeal of the ultimate disposition of the underlying proceeding pursuant to
				  section 212.4(d) of this
				  Chapter, or, upon a showing of extraordinary circumstances, under section
				  213.4 of this
				  Chapter.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 215 - Accumulation of Reference Material under Section 205.5(e) of the Act › Section 215.1 - Filing of contracts by public employers

Current through Register Vol. 46, No. 28, July 10, 2024
Every public employer entering into a written collectively
				  negotiated agreement pursuant to the act shall file a copy of such agreement
				  with the board within 15 working days following the execution of such
				  agreement. Electronic submissions of contracts are
				  encouraged.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 215 - Accumulation of Reference Material under Section 205.5(e) of the Act › Section 215.2 - Filing of reports by public employers

Current through Register Vol. 46, No. 28, July 10, 2024
Every public employer which recognizes an employee
				  organization, including every local government that has obtained a
				  determination by the board that its provisions and procedures are substantially
				  equivalent to the provisions and procedures set forth in the act and this
				  Chapter and public employee organizations that are recognized or certified,
				  shall file with the board such reports as the board shall
				  require.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 215 - Accumulation of Reference Material under Section 205.5(e) of the Act › Section 215.3 - Filing of rules, regulations, orders and determinations issued by local agencies

Current through Register Vol. 46, No. 28, July 10, 2024
A copy of every rule, regulation, order and determination
				  that has been adopted or issued by a local agency of a government which the
				  board has determined is substantially equivalent to the provisions and
				  procedures set forth in the act and this Chapter, shall be filed with the board
				  within 15 working days after adoption or issuance.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 216 - Miscellaneous › Section 216.1 - Board employees

Current through Register Vol. 46, No. 28, July 10, 2024
Persons who hold positions by appointment or employment in
				  the service of the board are excluded from the application of the
				  act.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 216 - Miscellaneous › Section 216.2 - Confidential communication

Current through Register Vol. 46, No. 28, July 10, 2024
Communications in collective negotiations between a party to
				  such negotiations and its negotiator(s) shall be deemed confidential in cases
				  before the board, a director or a director's designee to the same extent that
				  such communications would be subject to an attorney-client privilege if the
				  negotiator(s) were an attorney. No administrative law judge shall accept
				  evidence regarding such communications during any proceeding subject to this
				  Chapter except under circumstances where it would be admissible if the
				  negotiator(s) were an attorney.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Appendices › Appendix 3 - Positions Classified in the Labor Class

Current through Register Vol. 46, No. 28, July 10, 2024
ALL STATE DEPARTMENTS AND AGENCIES
Bindery Helper
Bridge Helper
Canal Worker 1
Cleaner
Facility Operations Assistant 1
Facility Operations Assistant 1 (Grounds)
Facility Operations Assistant 1 (Utilities)
Farmhand
Food Service Worker 1
Forest Fire Observer
Garage Attendant
Garage Helper
General Services Aide
Groundskeeper
Institution Worker
Kitchen Assistant
Laboratory Helper
Library Aide
Library Aide (part-time)
Mail and Supply Handler (seasonal)
Medical Examining Attendant
Messman
Parking Services Attendant
Parks and Recreation Aide
Parks and Recreation Aide 1 (seasonal)
Parks and Recreation Aide 2 (seasonal)
Parks and Recreation Aide 3 (seasonal)
Parks and Recreation Aide 4 (seasonal)
Parks and Recreation Aide 5 (seasonal)
Parks and Recreation Aide 6 (seasonal)
Parks and Recreation Aide 7 (seasonal)
Sawmill Worker
School Monitor
Seaman
Security Services Aide
Senior Parking Services Attendant
State Fair Worker
Supervisor Facility Operations
Supervisor of Executive Mansion Grounds
Supply Assistant
Tractor Trailer Dispatcher
Traffic Survey Aide (seasonal)
Warehouse Equipment Operator
Water Supply Tender
Weather Observer (part-time)
Window Washer
IN CIVIL DIVISIONS, INCLUDING SCHOOL DISTRICTS, UNDER THE
				JURISDICTION OF THE DEPARTMENT OF CIVIL SERVICE
Building Maintenance Helpers
Cleaners
Cleaners (Patients)
Farm Laborers
Fire House Caretakers
Food Service Helpers
Garage Attendants
Groundskeeper
Grounds Worker
Handyman
Hospital Aides
Hospital Aides (Inmates)
Incinerator Attendant
Institutional Aides
Laboratory Helpers
Laboratory Technicians (Student)
Laborers
Laundry Workers
Library Pages
Recreation Attendants
Road Maintainers
Sanitation Men
Student Assistant
Student Practical Nurses
Ward Assistants
IN THE COUNTY SERVICE OF WESTCHESTER COUNTY
Assistant Cooks
Autopsy Assistant-Trainee
Autopsy Assistants
Bathhouse Attendants
Building Service Workers 1
Building Service Workers 2
Caretakers
Cleaners
Garage Attendants
Grooming Aides
Home Health Aides
Homemakers
Housekeeping Aides
Industrial Waste Monitors
Institutional Charge Attendants
Junior Dietary Aides
Junior Housekeeping Aides
Laboratory Helpers
Laborers
Laundry Workers 1 (In the Department of Hospitals)
Laundry Workers 2 (In the Department of Hospitals)
Laundry Workers 3 (In the Department of Hospitals)
Maintenance Laborers (Gardener)
Maintenance Laborers (Utility)
Parking Attendants
Parking Lot Custodians (3)
Recreation Attendants
Ride Operators 1 (seasonal)
Ride Operators 2 (seasonal)
Special Events Worker 1 (part-time)
Special Events Worker 2 (part-time)
Special Events Worker 3 (part-time)
Special Laborers
Student Assistants-Community College
Student Laborers-Community College
Student Workers (in the Department of Health)
Ticket Sellers-Playland
Ticket Takers-Playland
Ushers, County Center
Watchmen
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 1 - Public Access To Records › Section 1.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the methods and
				  procedures governing the availability, location and nature of those records of
				  the Department of Economic Development subject to the provisions of article 6
				  of the Public Officers Law, known as the Freedom of Information
				  Law.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 1 - Public Access To Records › Section 1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part:
(a) The term department means the New York
				State Department of Economic Development.
(b) The term record means any information
				kept, held, filed, produced or reproduced by or for the department.
(c) The term records access officer means the
				department' s assistant counsel designated pursuant to section
				1.3 of this Part.
(d) The term workday means the hours between
				9 a.m. and 5 p.m. any day except Saturday, Sunday, a public holiday or a day on
				which the department is otherwise closed for general business.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 1 - Public Access To Records › Section 1.3 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records access officer of the
				department is the department' s assistant counsel who is designated by the
				deputy commissioner and counsel of the department.
(b) The records access officer shall:
(1) maintain an up-to-date subject matter
				list of records maintained by the department;
(2) assist in identifying requested records
				if necessary;
(3) upon locating
				requested records, take one of the following actions:
(i) make the records available for
				inspection;
(ii) deny access to the
				records in whole or in part and explain in writing the reason for such denial;
				or
(iii) furnish a written
				acknowledgment of the receipt of such a request and a statement of the
				approximate date when such request will be granted or denied.
(4) upon request for copies of
				records determined by the records access officer to be available for
				inspection:
(i) make copies available upon
				payment of established fees; or
(ii) permit the requester to copy the
				records.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 1 - Public Access To Records › Section 1.5 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				access officer shall maintain a reasonably detailed current list, by subject
				matter, of all records in the possession of the department, whether or not such
				records are available for public access pursuant to section
				87
				(2) of the Public Officers Law.
(b) The subject matter list shall be
				sufficiently detailed to permit identification of the category of the record
				sought.
(c) The subject matter list
				shall be updated not less than twice per year. The most recent update shall
				appear on the first page of the subject matter list.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 1 - Public Access To Records › Section 1.6 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person wishing to inspect and/or
				obtain a copy of any record should state the request in writing to the records
				access officer, provided that the records access officer may accept an oral
				request if in his judgment there is no need for the request to be in
				writing.
(b) A request shall
				reasonably describe the record or records in question in order to enable the
				records access officer to locate the records requested. Whenever possible, a
				person requesting records shall supply information regarding dates, file
				designations or other information that may help to describe the records
				sought.
(c) The records access
				officer shall, within five business days of receipt of a request, provide or
				deny access to records or furnish a written acknowledgment of receipt of the
				request and a statement of the approximate date when the request shall be
				granted or denied. This statement shall include, where appropriate, a statement
				that access shall be determined in accordance with section
				89
				(5) of the Public Officers Law. If access to
				a record is neither granted nor denied within 10 business days after the date
				of acknowledgment of receipt of a request, such action may be construed as a
				denial of access that may be appealed by writing to the deputy commissioner and
				counsel of the department as set forth in section
				1.9 of this Part.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 1 - Public Access To Records › Section 1.8 - Grant or denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Unless the records access officer determines that an application to inspect
				and/or copy records includes a request for information that may be excepted
				from disclosure pursuant to section
				87 or
				89 of the
				Public Officers Law or section
				1.7 of this Part, the request shall
				be granted.
(b) Any denial of
				access to records shall be in writing, stating the reasons therefor and
				advising the person requesting such access of the right to appeal. In the event
				that access is denied on the grounds that the information was submitted by a
				person who was granted an exception from disclosure pursuant to section
				1.7 of this Part, the appeal shall
				be conducted pursuant to section
				1.7(g). In the
				event that access is denied for any other reason, the appeal shall be conducted
				pursuant to section
				1.9 of this Part.
(c) If requested records are not provided
				promptly, as required in section
				1.6(c) of this
				Part, such failure shall also be deemed a denial of access.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 1 - Public Access To Records › Section 1.9 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				whose application to inspect and/or copy records has been denied on any grounds
				other than the grounds that the information was submitted by a person who was
				granted an exception from disclosure pursuant to section
				1.7 of this Part (in which case the
				appeal must be submitted pursuant to section
				1.7[g]) may appeal
				within 30 days of such denial to the Deputy Commissioner and Counsel,
				Department of Economic Development, 30 South Pearl Street, Albany, NY 12245.
				Such appeal must be in writing and must set forth the name and address of the
				person requesting the records; the date of the request for records and to whom
				it was delivered; the specific records to which access was denied; the reasons
				given for such denial; and whether the denial was in writing or is considered
				to be a denial because of failure of the department to respond promptly to a
				request for records.
(b) The deputy
				commissioner and counsel of the department, upon receipt of an appeal in
				compliance with this section, shall review the request for access to records of
				the department and affirm, modify or reverse the denial. The deputy
				commissioner and counsel shall inform the person requesting access to records
				of the decision in writing within 10 business days of receipt of a properly
				filed appeal and of his right to appeal any denial pursuant to article 78 of
				the Civil Practice Law and Rules.
(c) The deputy commissioner and counsel shall
				immediately transmit to the Committee on Open Government copies of all appeals
				and the determinations thereon.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 1 - Public Access To Records › Section 1.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any fees
				authorized herein shall be payable in advance. The following fees shall be
				applicable with respect to services rendered to members of the public:
(1) computer time--charges shall be based on
				current rates and computer resources used and shall not exceed actual
				cost;
(2) photocopies--25 cents per
				page.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 1 - Public Access To Records › Section 1.11 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice containing the title or name and business address of
				  the records access officer and of the appeals officer, and the location where
				  records can be seen or copied shall be posted conspicuously at each
				  departmental office.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 1 - Public Access To Records › Section 1.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provisions of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 2 - Access To Personal Information › Section 2.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the purpose of the Department of Economic Development
				  to comply fully with the provisions of the Personal Privacy Protection Law; to
				  maintain only in its records the personal information relevant and necessary to
				  accomplish a purpose or duty of the department; to insure that records which
				  pertain to an individual are accurate, relevant, timely and complete; and to
				  assure that rights of the individual and of the public pursuant to the law are
				  preserved and protected.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 2 - Access To Personal Information › Section 2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) The term department means the New York
				State Department of Economic Development.
(b) The term committee means the Committee on
				Open Government.
(c) The term data
				subject means any natural person about whom personal information has been
				collected by the department.
(d)
				The term personal information means any information concerning a data subject
				which, because of name, number, symbol, mark or other identifier, can be used
				to identify the data subject.
(e)
				The term disclose means to reveal, release, transfer, disseminate or otherwise
				communicate personal information or records orally, in writing or by electronic
				or any means to other than the data subject.
(f) The term record means any item,
				collection or grouping of personal information about a data subject which is
				maintained and is retrievable by use of the name or other identifier of the
				data subject. The term record shall not include personal information which is
				not used to make any determination about the data subject if it is:
(1) a telephone book or directory which is
				used exclusively for telephone and directory information;
(2) any card catalog, book or other resource
				material in any library;
(3) any
				compilation of information containing names and addresses only which is used
				exclusively for the purpose of mailing department information;
(4) personal information required by law to
				be maintained, and required by law to be used, only for statistical research or
				reporting purposes;
(5) information
				requested by the department which is necessary for the department to answer
				unsolicited requests by the data subject for information; or
(6) correspondence files.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 2 - Access To Personal Information › Section 2.3 - Personal privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The department Director of Human Resources Management is hereby designated the
				personal privacy compliance officer and is responsible for ensuring that the
				department complies with the provisions of the Personal Privacy Protection Law
				and the regulations herein.
(b) The
				personal privacy compliance officer shall:
(1)
				coordinate and make the department's response to requests for access to, or
				amendment, correction or disclosure of records as provided in this
				Part;
(2) maintain a current list
				of department records that contain personal information retrievable by use of a
				data subject's name or other identifier;
(3) assist data subjects seeking to determine
				if the department maintains records pertaining to them;
(4)
(i)
				make the record available for inspection in a form comprehensible to the data
				subject and permit the data subject to copy the record; or
(ii) deny access to the record, in whole or
				in part, and explain the reasons therefor in writing;
(5) upon request, certify that a copy of a
				record is a true copy; or
(6) upon
				request, certify that:
(i) the department does
				not have possession of the record sought;
(ii) the department cannot locate the record
				sought after having made a diligent search; or
(iii) the information sought cannot be
				retrieved by use of the description furnished to the department, or by use of
				the name or other identifier of the data subject without the use of
				extraordinary search methods by the department.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 2 - Access To Personal Information › Section 2.4 - Collection of information to be included in records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Personal information shall be collected
				directly from data subjects whenever practicable, except when collected for the
				purpose of making quasi-judicial determinations.
(b) Each data subject who is requested to
				supply information to be maintained in a record shall be provided with a notice
				containing the following information:
(1) the
				name of the subdivision of the department requesting the personal information
				and the name or title of the system of records in which such information will
				be maintained;
(2) the title,
				business address and telephone number of the department official who is
				responsible for the system of records;
(3) the authority granted by law which
				authorizes the collection and maintenance of the personal
				information;
(4) the effects, if
				any, upon such data subject of not providing all or part of the information
				requested;
(5) the principal
				purpose or purposes for which the information is to be collected; and
(6) the uses which may be made of the
				information pursuant to paragraphs (b), (e) and (f) of subdivision 1 of section
				96 of the
				Public Officers Law.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 2 - Access To Personal Information › Section 2.5 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
				records are to be made available in person following a request made either in
				person or by mail, the department may require appropriate identification such
				as a driver license, an identifier assigned by the department, a photograph or
				some similar means to confirm the identity of the data subject.
(b) When a request is made by mail, the
				department may require that it be acknowledged or that an identifier generally
				known only by a data subject be included, or the department may require other
				similar appropriate identification.
(c) Proof of identity shall not be required
				for a record accessible pursuant to article 6 of the Public Officers
				Law.