New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 204 - Improper Practices › Section 204.3 - Answer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Filing.
The respondent shall file with the director an original and 4
				  copies of an answer to the charge, with proof of service of a copy thereof on
				  all other parties within 10 working days after receipt of a copy of the charge
				  from the director. Should the chairperson authorize electronic filing of such
				  answer, 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. The original shall be signed
				  and sworn to before any person authorized to administer oaths.
(b)
Motion for
				particularization of the charge.
If the respondent believes that a charge is so vague and
				  indefinite that it cannot reasonably be required to frame an answer, the
				  respondent may, within 10 working days after receipt of a copy of the charge
				  from the director, file, in the same manner as would be applicable to the
				  filing of an answer, a motion with the administrative law judge, with proof of
				  service on all other parties, for an order directing the charging party to file
				  a verified statement supplying specified information. The charging party may
				  likewise file a response to the motion within seven working days after its
				  receipt thereof, with proof of service of a copy of the response on all other
				  parties. The filing of such motion will extend the time during which the
				  respondent must file and serve its answer until 10 working days after receipt
				  of the ruling of the administrative law judge on the motion, or until such
				  later date as the administrative law judge may set. The failure of a party to
				  timely comply with an order of particularization may, in the discretion of the
				  administrative law judge, constitute ground for precluding the party from
				  offering any evidence as to the matters dealt with by the order.
(c)
Contents.
(1) The answer shall include a specific
				admission, denial or explanation of each allegation of the charge or, if the
				respondent is without knowledge thereof, the answer shall so state and such
				statement shall operate as a denial. Admissions or denials may be made to all
				or part of an allegation, but shall fairly meet the circumstances of the
				allegation.
(2) The answer shall
				include a specific, detailed statement of any affirmative defense, including
				but not limited to an allegation that the violation occurred more than four
				months before the filing of the charge. A clear and concise statement of the
				facts supporting any affirmative defense, including the names of the
				individuals involved and the date and place of the occurrence of each
				particular act alleged, shall be set forth. An answer to an alleged violation
				of section 209-a.1(g) of the act shall identify the statute, interest
				arbitration award, collectively negotiated agreement, policy, or practice that
				forms the basis of the employer's affirmative defense, if any.