Personnel Rules and Regulations - Rule 8 - Appeals - Department of Citywide Administrative Services

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Personnel Rules and Regulations of the City of New York
Rule VIII - Appeals

Section I--Department Of Citywide Administrative Services Actions

8.1.1. Procedures for Claim of Manifest Error or Mistake--Examinations.

(a) Except as otherwise provided by resolution or regulation of the commissioner of citywide administrative services, whenever a claim of manifest error or mistake is made, such claim shall be referred to a committee on manifest errors. This committee shall consist of three qualified persons designated as members thereof by the commissioner of citywide administrative services, which committee shall either have as a member or consult with an expert in the subject matter with which such claim is concerned. A claim of manifest error or mistake shall open for review the candidate's answers to all the questions in the examination. Such review may result in a higher or lower final rating.

(b) Such committee shall inquire into the merits of each claim and shall submit the signed determination of each member as to whether or not there has been a manifest error or mistake together with such correction or remedy, if any, as may be recommended.

(c) Except as hereafter provided, such claim of manifest error or mistake must be made in writing by the candidate within one month from the date of notice to the candidate of the results of such examination, tests, subjects or parts thereof.

(d) Whenever a claim of manifest error or mistake is made in connection with the rejection of a candidate because the candidate has failed to meet the preliminary requirements of such examination, such claim must be made in writing by the candidate within two weeks following the date upon which notice was transmitted to the candidate of such rejection.

(e) Whenever a claim of manifest error or mistake is made by a person on an eligible list who has been rejected after investigation because such person has failed to meet the preliminary requirements of such examination, such claim must be made in writing by the person within two weeks following the date upon which notice was transmitted to the person of such rejection.

(f) Any correction of manifest error or mistake shall be without prejudice to the status of any person previously appointed from the eligible list resulting from such examination. However, if, as a result of any correction of manifest error or mistake, an eligible on a list or any person appointed from such list is found to have failed the examination, any such eligibility or appointment shall be cancelled and revoked forthwith, and notice of such action shall be sent to the eligible or appointee. The right to cancel and revoke for the reasons set forth herein shall not apply where an appointee has served satisfactorily for a period of at least one year after appointment to such position.

Section II--Agency Actions - Appeals To The Commissioner Of Citywide Adimistrative Services

8.2.1. General Provisions.

A person aggrieved by the following agency actions or determinations may submit an appeal to the commissioner of citywide administrative services:

(1) the allocation of an individual position to an existing civil service title with respect to whether the duties and responsibilities of the individual position so allocated are in conformance with the duties and responsibilities of such title;

(2) the administration and certification of eligible lists for classes of positions unique to the agency by a certifying agency;

(3) except as otherwise provided in paragraph 8.2.3 of this section, the scheduling and conduct of non-written promotion examinations by an examining agency.

8.2.2. General Procedures.

(a) An appeal to the commissioner of citywide administrative services pursuant to the provisions of paragraph 8.2.1 shall be made in writing within thirty calendar days of the final agency action or determination.

(b) Where a candidate has been disqualified by an examining agency on the grounds that the candidate was found to lack any of the established requirements for admission to the examination, such appeal must be made in writing within two weeks after the date of notification of such agency action.

8.2.3. Claims of Manifest Error or Mistake.

The procedures set forth in section 8.1.1 of these rules shall apply to claims of manifest error or mistake on non-written promotion examinations conducted by an examining agency.

Section III--City Personnel Director Or Agency Actions-Appeals To The City Civil Service Commission

(Deleted 10/30/81)

8.3.1. (Deleted 10/30/81)

8.3.2. (Deleted 10/30/81)

8.3.3. (Deleted 10/30/81)

8.3.4. (Deleted 10/30/81)