4 NYCRR — Department of Civil Service

Chapter I RULES FOR THE CLASSIFIED SERVICE

Part 1 APPLICABILITY; DEFINITIONS

4 CRR-NY 1.1 Application of rules {#sec-4-crr-ny-1.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 1.1}

Except as otherwise specified in any particular rule, these rules shall apply to positions and employments in the classified service of the State and public authorities, public benefit corporations and other agencies for which the Civil Service Law is administered by the State Department of Civil Service.

4 CRR-NY 1.2 Definitions {#sec-4-crr-ny-1.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 1.2}

(a) The several terms defined in the Civil Service Law shall, whenever used in these rules, have the same meaning as is specified in such definitions.

(b) Unless otherwise expressly stated or unless the context or subject matter requires a different meaning, the several terms hereinafter mentioned, whenever used in these rules, shall be construed as follows:

(1) The term transfer means the change, without further examination, of a permanent employee from a position under the jurisdiction of one appointing authority to a position under the jurisdiction of another appointing authority or to a position in a different title in the same or a higher salary grade under the jurisdiction of the same appointing authority.

(2) The term reassignment means the change, without further examination, of a permanent employee from one position to a position in the same title under the jurisdiction of the same appointing authority.

Part 2 JURISDICTIONAL CLASSIFICATION OF POSITIONS

4 CRR-NY 2.1 Exempt class {#sec-4-crr-ny-2.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 2.1}

(a) Positions in the exempt class are those, other than unskilled labor positions, for which competitive or noncompetitive examinations or other qualification requirements are not practicable.

(b) Positions in the exempt class shal be listed in Appendix 1 of these rules and made a part hereof.

4 CRR-NY 2.2 Noncompetitive class {#sec-4-crr-ny-2.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 2.2}

(a) A position in the noncompetitive class may be filled by the appointment of a person who meets the minimum qualifications established for such position by the Department of Civil Service. A nomination for such an appointment shall state the qualifications of the nominee and shall be filed by the appointing authority with the Department of Civil Service, except as specified in subdivision (b) of this section. Such appointment shall become effective only upon approval by the Department of Civil Service.

(b) The president may authorize the personnel officer of a department or agency to pass upon the minimum qualifications of nominees for appointment to designated positions in the noncompetitive class in such department or agency.

(c) Positions in the noncompetitive class other than those determined to be positions having duties such as can be performed by physically or mentally handicapped persons and having as part of the position title the designation “§ 55-b”, shall be listed in Appendix 2 of these rules and made a part hereof. Positions which have been designated by the Civil Service Commission as positions which are confidential or requiring the performance of functions influencing policy will be indicated in Appendix 2 with the symbol o/. Positions having as part of the position title the designation “§ 55-b” will be listed in a special roster maintained for such purpose by the commission, and incumbents shall be advised thereof by the appropriate appointing authority.

4 CRR-NY 2.3 Labor class {#sec-4-crr-ny-2.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 2.3}

(a) A position in the labor class may be filled by the appointment of any person selected by the appointing officer of the agency where a vacancy exists. Minimum qualifications for positions in the labor class may, where practicable, be established by the Department of Civil Service.

(b) Positions in the labor class shall be listed in the regulations of the commission.

Part 3 QUALIFICATIONS AND EXAMINATIONS

4 CRR-NY 3.1 Residence requirements for State positions {#sec-4-crr-ny-3.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 3.1}

(a) Where there are among residents of the State of New York ample numbers of qualified persons available for recruitment for a given class of positions in the service of the State, the Department of Civil Service may require applicants for competitive examination for original appointment to such positions to be residents of the State of New York. In such case, an applicant must be, at the time of examination and for at least four months immediately prior thereto, a resident of the State of New York and must be such resident at the time of certification and appointment.

(b) When certification for appointment to a position in the State service is to be made from among residents of a defined geographical area, an applicant must be, at the time of examination and for at least 30 days prior thereto, a resident of such geographical area in order to be included in any certification limited to residents of such area and must be such resident at the time of certification and appointment.

4 CRR-NY 3.2 Disqualification {#sec-4-crr-ny-3.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 3.2}

(a) Good moral character and habits and a satisfactory reputation shall be requirements for appointment to a position subject to these rules. Any applicant who is found to lack such requirements shall be disqualified for examination or, after examination, for certification and appointment.

(b) A record of disrespect for the requirements and processes of law, including repeated traffic offenses or disregard of summonses for traffic offenses, may be grounds for disqualification for examination or, after examination, for certification and appointment.

(c) The burden of establishing his qualifications to the satisfaction of the Civil Service Department shall be upon the applicant. Any applicant who refuses to permit the department to investigate matters necessary for the verification of his qualifications or who otherwise hampers, impedes or fails to cooperate with such department in such investigation shall be disqualified for examination or, after examination, for certification and appointment.

4 CRR-NY 3.3 Qualifications for promotion {#sec-4-crr-ny-3.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 3.3}

(a) In order to be eligible to enter an examination for promotion or to receive promotion, a person must have been employed in a competitive class position on a permanent basis in a lower grade, either in direct line of promotion or in a related or collateral line of promotion as determined by the Civil Service Department. The department shall prescribe a minimum period of such service for eligibility to enter a promotion examination, and may also prescribe a minimum period of such service as a qualification for promotion from the resulting eligible list.

(b) Any person who is nominated for noncompetitive examination for promotion to a position and who fails to pass two examinations for such promotion shall not thereafter be eligible for employment in such position, except by appointment or promotion from an eligible list established following competitive examination.

4 CRR-NY 3.4 Ineligibility of promotion candidates for simultaneous open competitive examination {#sec-4-crr-ny-3.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 3.4}

An employee who is a candidate in a promotion examination for a title unique to an agency or is a candidate in an interdepartmental promotion examination shall not be eligible to enter additionally an open competitive examination held at the same time for the same title.

4 CRR-NY 3.5 Rating of examinations {#sec-4-crr-ny-3.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 3.5}

(a) The subjects of an examination shall be given such relative weights as the president of the commission may prescribe; provided, however, that in a promotion examination, credit granted for seniority and for performance rating may be applied by the addition of points to the average scores earned by passed candidates in the other parts of the examination.

(b) After a candidate's rating has been determined, he shall be notified of such rating unless he has otherwise been disqualified.

(c) In an examination in which the number of candidates is expected to greatly exceed the number of existing and anticipated vacancies, the president of the commission may prescribe that the passing mark shall be the lowest grade received among a certain fixed number of the candidates graded highest in such examination or in any subject of such examination. Whenever the president shall determine upon such a passing mark in any examination or in any subject of an examination, notice thereof shall be set forth in the announcement of the examination.

(d) In examinations where the competition is small in relation to the number of positions to be filled or in examinations which prove to be unusually difficult so that an adequate number of eligibles cannot otherwise be obtained, the president may authorize the use of any type or combination of types of conversion methods, set forth in the regulations, in the rating of such examinations.

4 CRR-NY 3.6 Establishment of eligible lists {#sec-4-crr-ny-3.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 3.6}

Every candidate who attains a passing mark in an examination as a whole and who meets the standards prescribed, if any, for separate subjects or parts of subjects of the examination shall be eligible for appointment to the position for which he was examined and his name shall be entered on the eligible list in the order of his final rating; but if two or more eligibles receive the same final rating in the examination, they shall be ranked in accordance with such uniform, impartial procedure as may be prescribed therefor by the Civil Service Department.

4 CRR-NY 3.7 [Repealed] {#sec-4-crr-ny-3.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 3.7}

Part 4 APPOINTMENT AND PROMOTION

4 CRR-NY 4.1 Certification of open competitive and promotion eligible lists {#sec-4-crr-ny-4.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 4.1}

(a) The Civil Service Department shall determine the eligible list most nearly appropriate for the position to be filled, and shall certify to the appointing authority a sufficient number of eligibles from which selection for appointment may be made. When the name of any eligible is included in a certification for appointment, the names of all other eligibles on the list having the same final rating as such eligible shall likewise be included in such certification.

(b) An eligible canvassed for or offered appointment in writing, who fails to state his or her willingness to accept such appointment within 10 business days after the mailing of such canvass or offer, or before the end of the second succeeding business day if such canvass or offer is made by telephone, may be considered ineligible for purposes of making a selection for that particular appointment.

(c) The name of any eligible who fails to reply to an offer of or canvass for appointment, or who fails to report for an interview, or who declines or indicates unwillingness to accept appointment, or who fails to report for work after accepting an offer of appointment, may be withheld from further certification from the eligible list. The name of such eligible may again be certified upon his own request, or upon the request of the appointing officer concerned, and the submission by such eligible of reasons satisfactory to the president for his declination or failure to reply or to accept appointment or to report for work.

4 CRR-NY 4.2 Appointment and promotion {#sec-4-crr-ny-4.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 4.2}

(a) Except as otherwise provided herein, appointment or promotion to a position in the competitive class shall be made by the selection of a person on the appropriate eligible list willing to accept such appointment and whose final rating in the examination is equal to or higher than the rating of the third highest ranking eligible on the list indicating willingness to accept such appointment. The term ranking as used herein refers to the order in which the names of eligibles appear on the eligible list as provided in section 3.5 of this Title.

(b) Whenever a vacancy exists in a competitive class position and an open competitive examination does not result in an eligible list containing the names of at least three persons willing to accept appointment, the Civil Service Department may permit the appointing authority to nominate a person for noncompetitive examination for such position and, if such nominee shall be certified by the Civil Service Department as qualified, he may be appointed to fill such vacancy; or the Civil Service Department may designate the eligible list, if there be one, as a continuing eligible list in accordance with section 57 of the Civil Service Law, and insert therein the names of additional eligibles as they are found qualified by examinations held at such intervals as may be prescribed.

(d) Certification of a promotion eligible list shall not be required for filling certain vacancies. A promotion eligible list shall not be certified for filling a permanent vacancy created by upward reclassification of a permanently encumbered position where promotion from such list would require the layoff of a permanent employee or the reassignment of a permanent employee to a different geographical location; but this provision shall not apply if the incumbent whose position was reclassified has, following such reclassification, twice failed to qualify for promotion to the reclassified position.

(e) An open competitive eligible list shall not be certified for filling a permanent vacancy created by upward reclassification of a permanently encumbered position if appointment from such list would require the lay-off of a permanent employee or the reassignment of a permanent employee to a different agency, to a different geographical location; but this provision shall not apply if the incumbent whose position was reclassified has, following such reclassification, twice failed to qualify for appointment to the reclassified position.

(f) Ordinarily, employees serving in non-competitive class positions cannot take part in competitive promotion examinations. Under the Department’s Hiring Emergency for Limited Placement (HELP) Program, the State Civil Service Commission has placed certain entry-level positions in delineated titles in the non-competitive jurisdictional class, with the understanding that incumbents will be covered in once the Commission restores such positions to the competitive class. The proposed rule makes clear that employees serving in HELP-designated positions may take part in any competitive promotion examinations for which they are qualified without the Department simultaneously offering examinations for these positions on an open-competitive basis. However, in accordance with section 52(11) of the Civil Service Law, HELP Program appointees will not be certified for appointment or appointed from any eligible lists resulting from such promotion examinations unless and until their positions are restored to the competitive class by action of the Commission.

4 CRR-NY 4.3 Trainee appointments and promotions {#sec-4-crr-ny-4.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 4.3}

The Civil Service Department may require that permanent appointments or promotions to designated positions shall be conditioned upon the satisfactory completion of a term of service as a trainee in such a position or in an appropriate, lower, training title or the completion of specified training or academic courses, or both. The period of such term of training service shall be prescribed by the department. Upon the satisfactory completion of such training term, and of specified courses if required, an appointee shall be entitled to full permanent status in the position for which appointment was made. Any appointment hereunder shall be subject to such probationary period as is prescribed in these rules. Also, the employment of such person may be discontinued at the end of the term of training service if his conduct, capacity or fitness is not satisfactory, or at any time if he fails to pursue or continue satisfactorily such training or academic courses as may be required.

4 CRR-NY 4.4 Appointment to seasonal positions {#sec-4-crr-ny-4.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 4.4}

(a) Positions in the competitive class where the nature of service is such that it is not continuous through out the year, but recurs in each successive year, except as herein otherwise provided, shall be designated as seasonal positions and shall be subject to the provisions of these rules applicable generally to positions in such class.

(b) Upon the expiation of the employment season, the names of all persons employed in such seasonal positions shall be entered upon a seasonal reemployment list in the order of their first appointment to the title vacated by them at the expiration of such employment season. Such seasonal reemployment list shall be certified to the appointing authority at the commencement of or during the next employment season, and the persons whose names appear thereon as still qualified shall be entitled to reemployment in such positions in the order in which their names appear on such list. Any such person may be reexamined by the department with respect to his physical fitness for the performance of the duties of the position, and may be disqualified for reemployment in the same manner and for any of the reasons applicable to the disqualification of an eligible on an eligible list resulting from open competitive examination.

(c) The name of any person on such list who is not reached for reemployment shall remain on such list and shall be certified, in the order of the date of his first appointment to such position during subsequent employment seasons; provided, however, that the eligibility for reemployment of any such person shall not continue for a period longer than three years from the date of his separation from such seasonal employment. A seasonal reemployment list shall not be deemed to be a preferred list as provided for in section 81 of the Civil Service Law.

(d) Where a vacancy occurs in a full-time position having a title and duties similar to those of a seasonal position and for which no appropriate open competitive eligible list is available, it may be filled by selection from among seasonal employees. For that purpose, the department may certify to fill such vacancy the names of persons holding comparable seasonal positions in the order of their dates of original appointment in such positions or, if the vacancy occurs at a time other than during the employment season, the appropriate seasonal reemployment list. In such case, appointment shall be made by the selection of a person whose date of original appointment to the seasonal position is the same as or earlier than the date of original appointment of the third highest standing person certified who indicates willingness to accept such appointment.

4 CRR-NY 4.5 Probation {#sec-4-crr-ny-4.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 4.5}

(a) It is the intent of the Civil Service Commission that permanent appointments, promotions or transfers shall require, as provided herein, satisfactory completion of a probationary term which shall include a minimum and a maximum period of probation. Such probationary term shall commence on the effective date designated by the appointing authority and approved by the Civil Service Department for the appointment, promotion or transfer on a permanent basis. Such appointments, promotions or transfers shall not become permanent prior to satisfactory completion of at least the minimum period and may require satisfactory completion of the maximum period of probation. If the conduct or performance of a probationer is not satisfactory, his or her employment may be terminated at any time after eight weeks and before completion of the maximum period of probation.

(b) Probationary term.

(1) Except as herein otherwise provided, every permanent appointment from an open competitive list and every original permanent appointment to the noncompetitive, exempt or labor class shall be subject to a probationary term of not less than 26 nor more than 52 weeks.

(i) This probationary term shall also apply to each appointment to a position in which the appointee is not under the regular supervision of the appointing authority until the completion of prescribed schooling or off-the-job training; provided, however, that such probationary term, in this case, shall commence after the successful completion of such training.

(ii) The probationary term for the positions of “Teacher (all levels)” and “Vocational Instructor 1, 2 and 4” shall be not less than one year nor more than three years. The probationary period for “Vocational Instructor 3” shall coincide with the term of validity remaining on the provisional teacher certification held by the incumbent.

(iii) The probationary term for professional educators in the Education Department employed as “Aides,” “Assistants,” “Associates,” “Supervisors,” “Chiefs,” “Directors,” all other titles that commence with the words “Coordinator” or “Associate Coordinator,” and for the position of “Elementary, Secondary and Continuing Education Program Planner,” shall be not less than 12 weeks nor more than 78 weeks.

(iv) The probationary term for positions of “Assistant Mortgage Officer,” “Assistant Mortgage Officer (Appraising),” “Assistant Mortgage Officer (Leasing)” and “Assistant Mortgage Officer (Servicing)” shall be not less than 12 weeks nor more than 78 weeks.

(v) The probationary term for the positions of “Director of State Science Service,” “ Chief Scientist” (various parenthetics), “Principal Scientist” (various parenthetics), “Associate Scientist” (various parenthetics), “Senior Scientist” (various parenthetics), and “Scientist” (various parenthetics) shall be not less than 12 weeks nor more than 78 weeks.

(vi) The probationary term for the position of “Veterinarian 1” shall be not less than 52 weeks nor more than 78 weeks.

(vii) If an employee in the Department of Health, serving in a position for which the appointee is required to have Federal certification as mandated by the Health Care Financing Administration, does not acquire such certification within the 52 weeks prescribed in this paragraph, the probationary term of such person shall continue until such time as he or she has received the applicable Federal certification; or until such time as the appointee has had sufficient opportunity, in no case longer than 24 months, as determined by the Commissioner of Health under a policy approved by the Department of Civil Service and uniformly applicable to all of those appointed to such positions, to pass the required Federal certification, whichever occurs first.

(viii) The probationary term for positions of "University Police Officer 1" and "University Police Officer 1 (Spanish Language)" shall be not less than 52 weeks nor more than 78 weeks.

(2) Except as may be herein otherwise provided, every promotion to a position in grade 13 and below shall be subject to a probationary term of not less than 8 weeks nor more than 26 weeks; and every promotion to a position in grade 14 and above shall be subject to a probationary term of not less than 12 weeks nor more than 52 weeks. For the purposes of this subdivision, the term promotion shall include the appointment of a noncompetitive class employee to a higher grade position in the noncompetitive class, as well as the appointment of a noncompetitive class employee to a competitive class position in instances where such appointment was made from a promotional list established as a result of a competitive examination and said employee was admitted to such examination in accordance with law. Where a noncompetitive class employee who has completed probation in his or her current position, is being appointed to another noncompetitive position at the same or a lower salary grade, the appointing authority may, at the time of such appointment and with the consent of the employee, waive the probationary period.

(i) For the position of “Latent Fingerprint Examiner,” the probationary term shall be 52 weeks.

(ii) For the position of “Vocational Instructor 2,” the probationary period shall be no more than three years. The probationary period for the position of “Vocational Instructor 3” shall coincide with the term of validity remaining on the provisional teacher certification held by the incumbent. The probationary term for the position of “Vocational Instructor 4” shall be one year, unless the incumbent has completed three years’ probation in the Vocational Instructor title series in the same appointing authority.

(iii) The probationary term for positions of “Investigative Aide,” and “Investigative Aide (Spanish Speaking)” shall be not less than 12 weeks nor more than 52 weeks.

(iv) For the position of “Park Patrol Officer,” the probationary term shall be not less than 26 weeks nor more than 52 weeks.

(v) For the position of “Highway Maintenance Supervisor 1” the probationary term shall not be less than 26 weeks nor more than 52 weeks.

(vi) For the position of “Highway Maintenance Worker 2” the probationary period shall not be less than 26 weeks nor more than 52 weeks.

(vii) For the position of “Thruway Maintenance Worker” the probationary period shall not be less than 26 weeks nor more than 52 weeks.

(viii) The probationary term for positions of "University Police Officer 1" and "University Police Officer 1 (Spanish Language)" shall be not less than 52 weeks nor more than 78 weeks.

(3) For every original permanent appointment and every training advancement or promotion to the following positions in the noncompetitive class designated to be in the Professional, Scientific and Technical Services negotiating unit, the minimum probationary term shall be as otherwise prescribed in this rule and the maximum probationary term shall be as follows:

(4) (i) Every transfer, as defined in section 1.2 of this Chapter, and every interinstitutional transfer as hereinafter defined, made at the request or with the consent of the employee, to a position in grade 13 and below shall be subject to a probationary term of not less than 8 weeks nor more than 26 weeks; every such transfer to a position in grade 14 and above shall be subject to a probationary term of not less than 12 weeks nor more than 52 weeks; provided, however, that the appointing authority having jurisdiction over a position to which transfer is sought may, at its option, elect to waive the probationary term required for such position.

(ii) An interinstitutional transfer means a transfer from a position in one State institution to a position in another State institution in the same department, or from a noninstitutional position in a State department to a position in an institution under the jurisdiction of such department, or vice versa. With respect to interinstitutional transfers in the Department of Health, the following shall be deemed separate and distinct appointing authorities, thereby making such transfers subject to probationary periods prescribed by this section:

Central office, including the regional and district offices

Helen Hayes Hospital

New York State Veterans' Homes (Oxford, Batavia, St. Albans and Montrose)

(5) (i) An appointment, promotion or transfer shall become permanent upon the retention of the probationer after his or her completion of the maximum period of service or upon earlier written notice following completion of the minimum period that his or her probationary term is successfully completed or, in the case of a transferee, upon written notice that the appointing authority has elected to waive the serving of the probationary term.

(ii) If the conduct or performance of a probationer is not satisfactory, his or her employment may be terminated at any time after eight weeks and before completion of the maximum period of service. The appointing officer may, however, in his discretion, offer such probationer an opportunity to serve a second probationary term of not less than 12 nor more than 26 weeks in a different assignment, in which case the appointment may be made permanent at any time after completion of 12 weeks of service, or the employment terminated at any time after the completion of 8 weeks of service and on or before the completion of 26 weeks of service.

(iii) The probationer's supervisor shall carefully observe his conduct and performance and, at least two weeks prior to the end of the probationary term, shall report thereon in writing to the proper appointing authority. The supervisor shall also, from time to time during the probationary term, advise the probationer of his status and progress. A probationer whose services are to be terminated for unsatisfactory service shall receive written notice at least one week prior to such termination and, upon request, shall be granted an interview with the appointing authority or his representative.

The probationary term for a trainee appointment or trainee promotion shall coincide with the term of training service, except where an appointment from an open-competitive list can be made to either the trainee or journey level position; in that case, the probationary period for the trainee appointment will be from 26 to 52 weeks or the length of the training period, whichever is greater. If the conduct or performance of the probationer is not satisfactory, his employment may be terminated at any time after the completion of a specified minimum period of service and on or before the completion of the term of training service. Such specified minimum period of service, unless otherwise prescribed in the announcement of examination, shall be eight weeks.

(d) Transfers: probationers.

A probationer shall be eligible for transfer; provided, however, that upon such transfer he shall serve a complete probationary period in the new position in the same manner and subject to the same conditions as required upon his employment in the position from which transfer is made.

(e) Leave for probationers.

When a permanent employee is promoted or transferred to a position in which he is required to serve a probationary term, the position thus vacated by him shall not be filled, except on a temporary basis, during such probationary term. At any time during such probationary term the employee shall have the right, upon reasonable notice, to return to his previous position at his own election. If the conduct or performance of the probationer is not satisfactory, he shall be restored to his former permanent position at the end of this probationary term.

(f) Reinstatement.

An employee who is reinstated to a position in accordance with section 5.4 of this Title, either in his former agency or another agency, shall serve a new probationary period in the same manner and subject to the same requirements as apply hereunder upon original appointment to such position.

(g) Absence during probationary term.

Any periods of authorized or unauthorized absence aggregating up to 10 workdays during the probationary term, or aggregating up to 20 workdays if the probationary term or maximum term exceeds 26 weeks, may, in the discretion of the appointing authority, be considered as time served in the probationary term. When the probationary term for a trainee appointment or trainee promotion exceeds one year, any periods of authorized or unauthorized absence in such probationary term aggregating up to 20 workdays multiplied by the number of years, including a fraction of a year, constituting the probationary term, may in the discretion of the appointing authority, be considered as time served in the probationary term. Any such periods of absence not so considered by the appointing authority as time served in the probationary term, and any periods of absence in excess of periods considered by the appointing authority as time served in the probationary term pursuant to this subdivision, shall not be counted as time served in the probationary term. The minimum and maximum periods of the probationary term of any employee shall be extended by the number of workdays of his absence which, pursuant to this subdivision, are not counted as time served in the probationary term.

(h) Restoration to eligible list.

A probationer whose employment is terminated or who resigns before the end of his probationary term may request that his name be restored to the eligible list from which he was appointed, provided such list is still in existence. His name may be restored to such list if the Department of Civil Service, after due inquiry, determines that the probationer's service was such that he should be given a second opportunity for appointment.

(i) Temporary or provisional service in higher level position.

When an employee who has not completed his probationary term is appointed on a temporary or provisional basis to a higher level position, the period of temporary or provisional service rendered by such employee in such higher level position may, in the discretion of the appointing authority, be considered as satisfactory probationary service in his lower position and may be counted as such in determining the satisfactory completion of such probationary term. At any time after the expiration of the minimum period of the probationary term, or the entire probationary term if it be one of fixed duration, the appointing authority shall, on request of such probationer, furnish his decision in writing as to whether or not service in such higher level position shall be considered as satisfactory probationary service. In the event of an adverse decision by the appointing authority, such probationer, at his request, shall be returned to his lower position for sufficient time to permit him to complete his probationary term. The employment of such a probationer in his lower position shall not be terminated at the end of his probationary term on account of unsatisfactory service unless he shall have actually served in such position, in the aggregate, at least a period of eight weeks.

(j) Removal during probationary term.

Nothing contained in this section shall be construed to limit or otherwise affect the authority of an appointing authority, at any time during the probationary term, to remove a probationer for incompetency or misconduct, under section 75 of the Civil Service Law or an agreement negotiated between the State and an employee organization pursuant to article 14 of such law.

4 CRR-NY 4.6 to 4.7 to 4.7 [Repealed] {#sec-4-crr-ny-4.6-to-4.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 4.6 to 4.7}

4 CRR-NY 4.8 Emergency appointments {#sec-4-crr-ny-4.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 4.8}

When an emergency requires that a position be filled pending appointment from a list or after noncompetitive examination, the appointing authority may fill the vacancy, and shall report the name of the appointee forthwith to the Department of Civil Service. Such appointment shall not continue longer than one month without approval of such continuance by the Civil Service Department.

4 CRR-NY 4.9 Effect of temporary appointment on eligibility for permanent appointment {#sec-4-crr-ny-4.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 4.9}

The acceptance by an eligible of a temporary appointment shall not affect his standing on the eligible list for a permanent appointment, nor shall the period of temporary service be counted as part of the probationary service in the event of subsequent permanent appointment.

4 CRR-NY 4.10 Temporary, provisional or trainee appointment or promotion of permanent employee {#sec-4-crr-ny-4.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 4.10}

When a permanent competitive class employee is given a temporary provisional or trainee appointment or promotion to another competitive class position in the same department or agency, or is given a trainee promotion to a position in another agency, or is promoted on a temporary basis to a higher grade position in another department or agency in which he will be eligible, after six months service, for contingent permanent status as provided in section 4.11 of this Part, he shall be deemed to be on leave of absence from his permanent position for the period of his service under such temporary, provisional or trainee appointment or promotion. He shall be entitled to return to his permanent position upon the termination of such temporary, provisional or trainee service. An employee who voluntarily elects to relinquish his temporary, provisional or trainee status and return to his permanent position shall give reasonable notice thereof to the appointing officer having jurisdiction over his permanent position.

4 CRR-NY 4.11 Contingent permanent appointments to encumbered positions {#sec-4-crr-ny-4.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 4.11}

(a) A position in the competitive, non-competitive or labor class which is temporarily vacant by reason of the leave of absence of the permanent incumbent, may be filled on a contingent permanent basis through transfer, reinstatement, reassignment or appointment from an appropriate eligible or reemployment list.

(b) An employee appointed on a contingent permanent basis shall have all the rights and benefits of a permanent appointment; provided, however, that, in the event of the return from leave of absence of the permanent incumbent, such contingent permanent employee shall displace; first, any temporary or provisional employee serving in the same title and work location under the jurisdiction of the same appointing authority; and second, the contingent permanent employee with the most recent contingent permanent appointment date serving in the same title and work location under the jurisdiction of the same appointing authority. Where there are no opportunities for displacement as provided herein, such contingent permanent employee may return to the position from which he or she is on leave, if any, and shall have his or her name entered on the appropriate reemployment lists for the title held on a contingent permanent basis. Additionally, such employee may request to have his or her name restored to the eligible list or reemployment list, if any, from which the contingent permanent appointment was made, if such list is still in existence.

(c) Upon a vacancy in an unencumbered position, which is in the same title and work location and under the jurisdiction of the same appointing authority, the contingent permanent employee with the earliest date of contingent permanent appointment shall be permanently appointed to such position.

(d) The appointing authority shall, at the time of appointment, advise an employee appointed to a position on a contingent permanent basis, in writing, that their continuous service in such position is contingent upon the continuing leave of absence of the prior permanent incumbent. Further, permanent contingent appointees must be advised of their right to a leave of absence, if any, and to permanent appointment, as provided in subdivision (c) of this section.

(e) Leaves of absence.

(1) A permanent employee who receives a contingent permanent appointment to a position under the jurisdiction of the same appointing authority shall be entitled to a leave of absence from his or her permanent position for the duration of such contingent permanent appointment; provided, however, that upon successful completion of the probationary period in the contingent permanent position, he or she may return to such permanent position only upon the return of the permanent incumbent, and there are no displacement opportunities as provided for in subdivision (b) of this section.

(2) A permanent employee who receives a contingent permanent appointment to a position under the jurisdiction of a different appointing authority shall be entitled to a permanent appointment to a position in his or her former title under the jurisdiction of such appointing authority, upon successful completion of the probationary period, if available at that time or at any time during the contingent appointment, from which he or she shall be provided with a leave of absence for the duration of their contingent permanent appointment; provided, however, he or she may return to such permanent position only upon the return of the permanent incumbent, and there are no displacement opportunities as provided for in subdivision (b) of this section.

(3) A contingent permanent employee may be given a leave of absence from his or her position. If the permanent incumbent returns to the position during the leave of absence of the contingent permanent employee, the right of the contingent permanent employee to return to such position is extinguished and such employee shall have the displacement and reemployment rights provided for in subdivision (b) of this section.

(f) A permanent employee may not be reassigned to an encumbered position unless the employee agrees, in writing, to accept a contingent permanent appointment to such position.

(g) This rule shall not apply to reassignments made pursuant to a reassignment list program approved by the Department of Civil Service.

4 CRR-NY 4.12 [Repealed] {#sec-4-crr-ny-4.12 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 4.12}

Part 5 PERSONNEL CHANGES

4 CRR-NY 5.1 Transfers {#sec-4-crr-ny-5.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 5.1}

(a) General conditions and limitations.

In addition to the conditions and limitations pre scribed by statute or in other provisions of these rules, transfers shall be subject to the following requirements:

(1) A transfer may not be made to a position for which a preferred list exists containing the name of an eligible willing to accept reinstatement to such position, unless the vacancy created by such transfer is in the same geographical area as the position to which transfer is made and such eligible is simultaneously offered reinstatement to such vacancy.

(2) A transfer may be made only if the position to which transfer is sought is at the same or substantially the same or a lower salary level than the position from which transfer is sought.

(3) Every transfer shall require the consent, in writing, of the transferee and of the appointing authority having jurisdiction over the position to which transfer is sought, and the approval of the Civil Service Department.

(b) Transfers between geographical areas.

Except for reassignment under a reassignment list program approved by the Department of Civil Service, and except for transfer or reassignment pursuant to section 5.8 of this Part, a person appointed to a position in the State service in any particular geographical area may not, for at least one year, be transferred or reassigned to a similar position in another geographical area unless he is reachable for appointment to such other position from the eligible list from which appointed.

(d) Transfers between State and local positions.

(1) A transfer may be made from a position in the State service to a position in the service of a civil division, provided the prospective transferee meets the residence requirements, if any, applicable to the position to which transfer is sought.

(2) A transfer may be made from a position in the service of a civil division to a position in the service of the State, provided the prospective transferee was, at or subsequent to the time or original appointment in the service of the civil division, eligible for certification and appointment to the position in the State service to which transfer is sought.

(3) A transfer pursuant to this subdivision shall require the approval of the State Civil Service Department and the municipal civil service commission having jurisdiction over the local position to or from which transfer is made.

(e) Transfers between positions in different civil divisions under the jurisdiction of the Civil Service Department.

A transfer may be allowed from a position in one civil division to a position in another civil division under the jurisdiction of the Civil Service Department, provided the prospective transferee meets applicable residence requirements, if any, for the position to which transfer is sought and provided such prospective transferee at any time would have been eligible and reachable for appointment to the position to which transfer is sought from an eligible list resulting from an examination having the same or less restrictive residence requirements than those applicable, at the time of transfer, to the position to which transfer is sought. A transfer may also be allowed from a position in one such civil division to a position in another such civil division whenever a competitive examination for the latter position in which the prospective transferee was eligible to compete has failed to produce sufficient eligibles to fill all vacancies in the position to which transfer is sought.

(f) Transfers pursuant to reciprocal rules.

(1) This section shall apply to transfers between positions in a civil division under the jurisdiction of the State Civil Service Department and positions under the jurisdiction of a municipal commission which has adopted a reciprocal rule permitting transfers of employees to and from other governmental jurisdictions, and to transfers between positions under the jurisdiction of two respective municipal commissions which have adopted such reciprocal rules.

(2) A transfer may be made pursuant to this subdivision, provided that:

(i) the prospective transferee holds a position to which he was appointed from an eligible list resulting from an examination prepared and rated by the State Civil Service Department;

(ii) such examination is or would be appropriate for filling the position to which transfer is sought;

(iii) such person meets applicable residence requirements, if any, for the position to which transfer is sought; and

(iv) such person at any time would have been eligible and reachable for appointment to the position to which transfer is sought from an eligible list resulting from an examination having the same or less restrictive residence requirements than those applicable, at the time of transfer, to the position to which transfer is sought.

(3) Any person holding a permanent appointment in a competitive class position in the service of a civil division may be transferred to a similar position in another civil division having qualifications and examination requirements similar to or lower than the position then held by such person, as determined by the State Civil Service Department, provided that a competitive examination for the latter position in which such person was eligible to compete has failed to produce sufficient eligibles to fill vacancies in the civil division to which transfer is sought.

(4) Any transfer pursuant to this reciprocal rule shall require the approval of the Civil Service Department and the respective municipal commissions having jurisdiction over the department and the respective municipal commissions having jurisdiction over the positions from which and to which transfer is sought.

(g) Transfers between State, county, and city positions within the city of New York.

Not withstanding the provisions of subdivisions (d), (e) and (f) of this section, employees in the service of New York City or of any county wholly included within such city, or in the State service where the compensation of their positions is paid directly from the treasury of such city, may be transferred to similar and corresponding positions interchangeably. Any such transfer shall require the approval of the State Civil Service Department and the department of personnel of such city.

4 CRR-NY 5.2 Leaves of absence {#sec-4-crr-ny-5.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 5.2}

(a) Applicability.

This section shall apply to all employees subject to the provisions of this Part, except employees subject to the attendance rules for employees in New York State depart ments and institutions, Chapter II of this Title as adopted October 24, 1956, and approved October 25, 1956, effective January 3, 1957, and as amended from time to time thereafter.

(b) Leave of absence; duration.

A permanent employee, or an employee holding a position by permanent or temporary appointment who requests leave because of pregnancy or childbirth, may, in the discretion of the appointing authority, be granted a leave of absence from his position, without pay, for a period not exceeding two years. Such leave may be extended beyond two years, for periods aggregating not in excess of an additional two years, only with the approval of the Civil Service Commission. In an exceptional case, a further extension may be permitted by the commission for good cause shown and where the interests of the government would be served. For the purposes of this section, time spent in active service in the military forces of the United States or of the State of New York shall not be considered in computing the period of leave.

Where a leave of absence without pay has been granted for a period which aggregates two years, or more if extended pursuant to subdivision (b) of this section, a further leave of absence without pay shall not be granted unless the employee returns to his position and serves continuously therein for six months immediately preceding the subsequent leave of absence.

(d) This section shall not be construed to authorize or require extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation.

4 CRR-NY 5.3 Resignation {#sec-4-crr-ny-5.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 5.3}

(a) Resignation in writing.

Except as otherwise provided herein, every resignation shall be in writing.

(b) Effective date.

If no effective date is specified in a resignation, it shall take effect upon delivery to or filing in the office of the appointing authority. If an effective date is specified in a resignation, it shall take effect on such specified date. However, if a resignation is submitted while the employee is on leave of absence without pay, such resignation, for the purpose of determining eligibility for reinstatement, shall be deemed to be effective as of the date of the commencement of such absence. Notwithstanding the provisions of this subdivision, when charges of incompetency or misconduct have been or are about to be filed against an employee, the appointing authority may elect to disregard a resignation filed by such employee and to prosecute such charges and, in the event that such employee is found guilty of such charges and dismissed from the service, his termination shall be recorded as a dismissal rather than as a resignation.

A resignation may not be withdrawn, cancelled or amended after it is delivered to the appointing authority, without the consent of the appointing authority.

4 CRR-NY 5.4 Reinstatement following resignation {#sec-4-crr-ny-5.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 5.4}

A permanent employee who has resigned from his position may be reinstated, without exami nation, within one year from the date of such resignation in the position from which he resigned, if then vacant, or in any vacant position to which he was eligible for transfer or reassignment. In computing the one-year period within which a person may be reinstated after resignation, the day the resignation takes effect, any time spent in active service in the military or naval forces of the United States or of the State of New York, and any time served in another position in the civil service of the same governmental jurisdiction shall not be counted. In an exceptional case, the commission may, for good cause shown and where the interests of the government would be served, waive the provisions of this section to permit the reinstatement of a person to his former position more than one year after resignation. For the purpose of this section, where an employee on leave of absence resigns, such resignation shall be deemed effective as of the date of the commencement of such leave.

4 CRR-NY 5.5 Layoff of competitive class employees {#sec-4-crr-ny-5.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 5.5}

(a) Definitions.

In connection with the suspension, demotion and displacement of competitive class employees authorized by section 80 of the Civil Service Law, the following terms shall mean:

(1) Vertical bumping shall mean displacement by a permanent incumbent of another incumbent serving in a position in a title in direct line of promotion as provided in subdivision 6 of section 80 of the Civil Service Law.

(2) Retreat shall mean displacement by a permanent incumbent of another incumbent serving in a position in the title not in direct line of promotion in which the displacing incumbent served at a prior time as provided in subdivision 6 of section 80 of the Civil Service Law.

(3) Next lower occupied title shall mean the title in direct line of promotion immediately below the title from which the incumbent is suspended or demoted, unless no one serves in that title in that layoff unit, in which case it shall be the closest lower title in direct line of promotion in that layoff unit in which one or more persons do serve.

(4) Satisfactory service shall mean service by an employee during the final rating period of which he did not receive an “unsatisfactory” performance rating, and was not found guilty of misconduct or incompetency pursuant to either section 75 of the Civil Service Law or a disciplinary procedure provided by labor contract which, in either case, resulted in the imposition of any of the following penalties upon such employee:

(i) dismissal from the service;

(ii) suspension without pay for a period exceeding one month; or

(iii) demotion in grade and title.

(b) Advance decisions.

An appointing authority may take such steps as it may deem necessary in order to secure binding written commitments in advance of suspension, demotion or displacement from employees potentially affected by such suspension, demotion or displacement as to their willingness to accept reassignment or displacement.

When two or more permanent incumbents of positions in a specific title are suspended, demoted or displaced at the same time, the order in which they shall be entitled to displace shall be determined by their respective retention standing, with those having the greater retention standing entitled to displace first. This principle shall apply to both vertical bumping and retreat.

(d) Displacement by probationers.

(1) Probationer having a right to a permanent position. An employee who is serving in a probationary term and who has a position formerly held by him on a permanent basis being held open for him has no displacement rights from the position in which he is serving the probationary term pursuant to section 80 of the Civil Service Law and is afforded none by these rules.

(2) Probationer without a right to a permanent position. An employee who is serving a probationary term and who has no position formerly held by him on a permanent basis being held open for him shall nevertheless have the possibility of displacing upon being suspended or displaced from the position wherein he is serving a probationary term; provided, however:

(i) he has previously completed at least five years of continuous service which shall also have been satisfactory service; and

(ii) he shall not be allowed to displace ahead of any permanent incumbents. The order of displacement among such probationers shall be determined by their respective retention standing, with those having the greater retention standing entitled to displace first.

(e) Refusal or failure to accept appointment to a position afforded by displacement.

The refusal or failure of a person to accept appointment to a lower grade position to which he is entitled through displacement shall not affect his right to be placed on a preferred list for the position from which he was suspended, demoted or displaced.

(f) Retreat where title of position has been changed.

A permanent incumbent who has been suspended or displaced shall be allowed to retreat to a position in which he last served even though the title of such position has been changed; provided, however, that there has been no substantial change in duties.

(g) Preferred list standing for competitive class employees on and after October 1, 1972 shall be as follows:

(1) On and after October 1, 1972, those employees whose positions were abolished prior to that date, and who therefore had their standing on the preferred list determined by the date of their original appointment on a permanent basis in the competitive class, shall retain among themselves such preferred list standing including the preferences to which they were entitled as blind, disabled veterans and nondisabled veterans.

(2) Blind employees whose positions are abolished on or after October 1, 1972 shall have their preferred list standing determined by the date of their original appointment on a permanent basis in the classified service, whether or not they are also disabled veterans or nondisabled veterans; provided, however, that the blind shall be granted absolute preference on the preferred list over all other employees except those disabled veterans and blind employees whose positions were abolished prior to October 1, 1972, with those names theirs shall be interfiled.

(3) Disabled veterans whose positions are abolished on or after October 1, 1972 shall have their preferred list standing determined by the date of their original appointment on a permanent basis in the classified service; provided, however, that the date of such original appointment shall be deemed to be 60 months earlier than the actual date, determined in accordance with section 30 of the General Construction Law.

(4) Nondisabled veterans whose positions are abolished on or after October 1, 1972 shall have their preferred list standing determined by the date of their original appointment on a permanent basis in the classified service; provided, however, that the date of such original appointment shall be deemed to be 30 months earlier than the actual date, determined in accordance with section 30 of the General Construction Law.

(5) Nonveterans whose positions are abolished on or after October 1, 1972 shall have their preferred list standing determined by the date of their original appointment on a permanent basis in the classified service.

(6) The names of all persons encompassed by paragraphs (3), (4) and (5) of this subdivision whose positions are abolished on or after October 1, 1972 shall be interfiled on the preferred list with the names of all nonveterans whose positions were abolished prior to October 1, 1972.

(h) Adjunctive opportunities.

(Pursuant to the authority to provide adjunctive opportunities for displacement granted by subdivision 6 of section 80 of the Civil Service Law.) If a permanent incumbent of a position in the State service is suspended or displaced from a position in a title for which there are no lower level occupied positions in direct line of promotion, he shall displace the incumbent with the least retention right, pursuant to subdivisions 1 and 2 of section 80 of the Civil Service Law, who is serving in a position in the title with a lower salary grade in which the displacing incumbent last served on a permanent basis prior to service in one or more positions in the title from which he is suspended or displaced, if:

(1) the service of the displacing incumbent while in such former title was satisfactory; and

(2) the position of the junior incumbent is in:

(i) the competitive, noncompetitive or labor class;

(ii) the layoff unit from which the displacing incumbent was suspended or displaced; and

(iii) a lower salary grade than the position from which the displacing incumbent is suspended or displaced; provided, however, that no incumbent shall displace any other incumbent having greater retention standing.

4 CRR-NY 5.6 Layoff of noncompetitive class employees {#sec-4-crr-ny-5.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 5.6}

(a) Definitions.

In connection with the suspension, demotion and displacement of noncompetitive class employees authorized by section 80-a of the Civil Service Law, the following terms shall mean:

(1) Retreat shall mean displacement by a permanent incumbent of another incumbent serving in a position in the title in which the displacing incumbent served at a prior time as provided in subdivision 4 of section 80-a of the Civil Service Law.

(2) Satisfactory service shall mean service by an employee during the final rating period of which he did not receive an “unsatisfactory” performance rating and was not found guilty of misconduct or incompetency pursuant to either section 75 of the Civil Service Law or a disciplinary procedure provided by labor contract which, in either case, resulted in the imposition of any of the following penalties upon such employee:

(i) dismissal from the service;

(ii) suspension without pay for a period exceeding one month; or

(iii) demotion in grade and title.

(b) Advance decisions.

(d) Displacement by probationers.

(1) Probationer having a right to a permanent position. An employee who is serving a probationary term and who has a position formerly held by him on a permanent basis being held open for him has no displacement rights from the position in which he is serving the probationary term pursuant to section 80-a of the Civil Service Law and is afforded none by these rules.

(i) he has previously completed at least five years of continuous service which shall also have been satisfactory service; and

(e) Refusal or failure to accept appointment to a position afforded by displacement.

(f) Retreat where title of position has been changed.

(g) Preferred list standing for noncompetitive class employees shall be as follows:

(1) Blind employees whose positions are abolished shall have their preferred list standing determined by the date of their original appointment on a permanent basis in the classified service, whether or not they are also disabled veterans or nondisabled veterans; provided, however, that the blind shall be granted absolute preference on the preferred list over all other employees.

(2) Disabled veterans whose positions are abolished shall have their preferred list standing determined by the date of their original appointment on a permanent basis in the classified service; provided, however, that the date of such original appointment shall be deemed to be 60 months earlier than the actual date, determined in accordance with section 30 of the General Construction Law.

(3) Nondisabled veterans whose positions are abolished shall have their preferred list standing determined by the date of their original appointment on a permanent basis in the classified service; provided, however, that the date of such original appointment shall be deemed to be 30 months earlier than the actual date, determined in accordance with section 30 of the General Construction Law.

(4) Nonveterans whose positions are abolished shall have their preferred list standing determined by the date of their original appointment on a permanent basis in the classified service.

(h) Adjunctive opportunities.

(Pursuant to the authority to provide adjunctive opportunities for displacement granted by subdivision 4 of section 80-a of the Civil Service Law.) A permanent incumbent having tenure protection, pursuant to paragraph (c) of subdivision 1 of section 75 of the Civil Service Law, who served in a position in State service and who was suspended or displaced from such position, pursuant to section 80-a of the Civil Service Law, shall displace the incumbent with the least retention right, pursuant to subdivisions 1 and 2 of such section, who is serving in a position in the title with a lower salary grade in which the displacing incumbent last served on a permanent basis prior to service in one or more positions in the title from which he is suspended or displaced, if:

(1) the service of the displacing incumbent while in such former title was satisfactory; and

(2) the position of the junior incumbent is in:

(i) the competitive, noncompetitive or labor class;

(ii) the layoff unit from which the displacing incumbent was suspended or displaced; and

(i) Jurisdictional reclassification from competitive to noncompetitive class.

(1) An employee who held a competitive class position by permanent appointment, which position has been reclassified from the competitive to the noncompetitive class, shall be accorded in such position the same protection as is afforded by section 80-a of the Civil Service Law and by this rule.

(2) In addition, a former competitive class employee, who subsequent to the reclassification of his or her position to the noncompetitive class is suspended or displaced from such position pursuant to section 80-a of the Civil Service Law, shall be entitled to exercise the same displacement rights he or she would have been entitled to exercise had such position remained in the competitive class.

4 CRR-NY 5.7 Refusal or failure to accept appointment from competitive and noncompetitive reemployment lists {#sec-4-crr-ny-5.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 5.7}

(a) For the purposes of this section, the term reemployment listshall refer to any preferred list or reemployment roster or placement roster established pursuant to Civil Service Law or rule.

(b) Relinquishment of eligibility for appointment.

The failure or refusal of a person on a reemployment list after reasonable notice to accept appointment therefrom to his/her former position, or any comparable position in the same salary grade for which such list is certified, shall be deemed to be a relinquishment of his/her eligibility for appointment, and his/her name shall thereupon be removed from such reemployment list as determined by the Department of Civil Service. The name of such person may be restored to such reemployment list, and certified to fill such appropriate vacancies as may thereafter occur, only upon the request of such person and his/her submission of reasons satisfactory to the Department of Civil Service for his/her previous failure or refusal to accept appointment.

Notwithstanding the provisions of subdivision (b) of this section, a person on a reemployment list shall not be deemed to relinquish his/her eligibility for appointment therefrom by reason of his/her failure or refusal to accept appointment to a position in a different geographic location than that of his/her former position. In such event, however, the name of such person may be withheld from further certification for appointment to such other vacancies as may occur in such other geographic location.

(d) Effect of refusal to accept appointment to lower grade position.

A person on a reemployment list shall not be deemed to relinquish his/her eligibility for appointment therefrom by reason of his/her failure or refusal to accept appointment to a position in a lower salary grade than the position from which he/she was suspended, demoted or displaced. The name of such person may be withheld from further certification for appointment to a position in the same or a lower salary grade than the position to which he/she failed or refused to accept appointment.

(e) Restoration to eligibility for appointment not to affect previous appointments.

The restoration of the name of a person to a reemployment list, or his/her restoration to eligibility for certification therefrom to positions in any particular geographic location or to positions in a lower salary grade than his/her former position, shall not invalidate or in any manner adversely affect any appointment, promotion, reinstatement, displacement or demotion previously made to any position to which such person would otherwise have been eligible for appointment from such reemployment list.

4 CRR-NY 5.8 Placement rosters {#sec-4-crr-ny-5.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 5.8}

Where it is known or expected by a department or agency of the State that permanent employees may be affected by an abolition, reduction, or movement of positions to a different location, pursuant to sections 80 and 80-a of the Civil Service Law, the head of such department or agency shall give notice thereof to the Department of Civil Service and shall submit to such department the names and titles of permanent employees expected to be affected. If a placement roster is created, the following principles shall apply:

(a) vacancies in positions in any State department or agency for which one or more employees on such placement roster are eligible and willing to accept transfer or reassignment shall be filled by such transfer or reassignment before appointment by any means except a preferred list or reemployment roster;

(b) any employee in the department or unit for suspension or demotion wherein the abolition, reduction, or relocation of positions will occur who holds a position in a title which is expected to be affected may have his or her name added to the placement roster to receive transfer or reassignment to other positions in the State service, or may be transferred or reassigned to another position in the same department or agency which will not be affected by such abolition or reduction; and

(c) employees on such placement roster who are not so transferred or reassigned prior to the abolition, reduction or relocation of positions shall, upon suspension, demotion or relocation, have their names entered on an appropriate preferred list pursuant to the Civil Service Law.

4 CRR-NY 5.9 Restoration to duty from workers' compensation leave, termination of service upon exhaustion or termination of workers' compensation leave, or reinstatement following termination due to disability arising from occupational injury or disease {#sec-4-crr-ny-5.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 5.9}

(a) Applicability.

These rules shall govern procedures for restoration to duty from workers' compensation leave, termination of service upon exhaustion or termination of workers' compensation leave, reinstatement to service, or entitlement to placement upon a preferred eligible list, for all State employees who are subject to section 71 of the Civil Service Law.

(b) Notice upon granting workers' compensation leave.

After notice that payment of compensation has begun, and no later than the 21st day of absence due to an occupational injury or disease as defined in the Workers' Compensation Law, the appointing authority shall notify the employee in writing of the effective date of beginning of that leave; the right to leave of absence from the position during continued disability for one year unless extended; the right to apply to the appointing authority to return to duty pursuant to subdivision (d) of this section at any time during the leave; the right to a hearing to contest a finding of unfitness for restoration to duty; the termination of employment as a matter of law at the expiration of the workers' compensation leave; and the right thereafter to apply to the Civil Service Department within one year of the end of disability for reinstatement to the position if vacant, to a similar position, or to a preferred list pursuant to section 71 of the Civil Service Law and subdivision (e) of this section.

(1) Upon the exhaustion of leave for disability resulting from an occupational injury or disease as defined in the Workers' Compensation Law, or upon termination of such leave upon a finding that the disability is of such a nature as to permanently incapacitate the employee from performance of the duties of the position, the service of the employee shall be terminated as a matter of law.

(2) However, no such termination of service, if not the result of a hearing, shall be effective until 30 days from the service upon the employee, in person or by mail, of a notice of such impending action, which shall notify the employee of the proposed effective date of the termination; the right to apply to the appointing authority pursuant to subdivision (d) of this section for reinstatement to duty if medically fit; the obligation to submit to a medical examination to determine fitness to perform the duties of the position, the right to a hearing to contest a finding of unfitness for restoration to duty; and the right after termination of employment to apply to the Civil Service Department within one year of the end of disability for reinstatement to the position if vacant, to a similar position, or to a preferred list, pursuant to section 71 of the Civil Service Law and subdivision (e) of this section.

(3) The final notice of termination shall notify the affected employee of the right to apply to the Civil Service Department within one year of the end of disability for reinstatement to employment or a preferred list pursuant to Civil Service Law, section 71 and subdivision (e) of this section.

(d) Restoration to duty from workers' compensation leave.

(1) Upon request by the employee, the appointing authority, if satisfied that the employee is medically fit to perform the duties of the position, shall restore the employee to duty. If not satisfied that the employee is medically fit to perform the duties of the position, the appointing authority shall require the employee to undergo a medical examination, by a physician designated by the appointing authority, before the employee may be restored to duty. Prior to the medical examination, the appointing authority shall provide the designated physician and the employee with a statement of the regularly assigned duties of the position from which the employee is on leave.

(2) The employee, if found by the examining physician to be fit to perform the duties of the position from which the employee is on leave, shall be restored to duty.

(3) An employee who is not certified by the examining physician to be fit, may in the discretion of the appointing authority, upon the request of the employee, be restored to duty notwithstanding that finding, based upon all information available.

(4) An employee who is certified by the physician designated by the appointing authority to be unfit for duty at that time or to be permanently incapacitated from performing the duties of the job, and whom the employer proposed to refuse to restore to duty, shall be given written notice by the appointing authority of such refusal, the reason therefor, the right to a hearing if the employee wishes to contest that refusal, the procedures and time limit to apply for a hearing, and a copy of the medical report and any other records on which that decision is based, which shall be delivered personally, or mailed by certified mail to the employee at the employee's address of record. The employee may apply in writing to the appointing authority within 10 working days of the personal service or service by mail of the notice of refusal, for a hearing before a hearing officer who, except as specified herein, shall be appointed and shall conduct the proceedings in accord with article 3 of the State Administrative Procedure Act. The employee may be represented or assisted by an attorney or by a representative of the labor organization, if any, certified or recognized to represent the employee's bargaining unit. The hearing officer shall receive documents and testimony as well as written and oral argument on the issues of the medical condition of the employee, the duties of the position, and the ability of the employee to perform those duties, and shall submit the record of the proceeding, together with recommendations, to the appointing authority.

(5) The appointing authority shall issue a written finding of facts and determination restoring the employee to duty, continuing the workers' compensation leave, or terminating the workers' compensation leave upon a finding of permanent incapacitation from the duties of the position pursuant to Civil Service Law, section 71. The determination of the appointing authority shall be based upon the record as a whole, assembled by the hearing officer, and shall be final, subject only to judicial review pursuant to article 78 of the Civil Practice Law and Rules.

(6) The appointing authority shall not be required to entertain more than one such application for restoration to duty from any single employee during any six month period. However, nothing herein shall limit the right of the employee to submit, and the duty of the appointing authority to consider, one application made during the final 30 days of the workers' compensation leave. If the appointing authority has not rendered a decision prior to the expiration of the workers' compensation leave, and except to the extent that delay has been occasioned by any action or inaction on the part of the employee, that leave shall be extended to include the date of decision by the appointing authority.

(e) Reinstatement after termination of leave.

(1) At any time after termination of workers' compensation leave and within one year after termination of the disability resulting from the State employment related occupational injury or disease as defined in the Workers' Compensation Law, the former employee may apply to the Civil Service Department for a medical examination to be conducted by a physician selected by the department. Upon application for examination, the former employing agency shall be requested to provide a statement of the duties regularly required of incumbents in the title to which restoration to duty is requested. If obtaining that statement would unduly delay proceedings, the official duty statement on file with the department shall be used. The duty statement to be used shall be served upon the applicant together with the notice of the date, time and place of the medical examination. The applicant shall be notified in writing of the findings of the physician, by certified mail addressed to the applicant's address of record.

(2) The applicant, if certified by the examining physician to be fit to perform the duties of the former position, shall be reinstated or placed on a preferred list in accord with section 71 of the Civil Service Law.

(3) Any applicant medically examined pursuant to paragraph (1) of this subdivision and certified not to be fit to perform the duties of the former position, may apply in writing for a hearing, to the President of the Civil Service Commission, acting as the head of the Department of Civil Service. Such application shall be made within 10 working days from the date of service of the notice of an adverse medical finding. The hearing shall be held before a hearing officer who, except as specified herein, shall be appointed and shall conduct the proceedings in accord with article 3 of the State Administrative Procedure Act. The applicant may be represented or assisted by an attorney or by a representative of the labor organization, if any, certified or recognized to represent the bargaining unit to which the position to which the applicant seeks reinstatement is assigned. The hearing officer shall receive documents and testimony as well as written and oral argument on the issues of the medical condition of the applicant, the duties of the position, and the ability of the applicant to perform those duties, and shall submit the record of the proceeding, with recommendations, to the President of the Civil Service Commission, acting as the head of the Department of Civil Service.

(4) The President of the Civil Service Commission, acting as the head of the Department of Civil Service, shall issue a written finding of facts and determination either directing or denying the reinstatement or placement upon a preferred list of the applicant in accord with section 71 of the Civil Service Law. The determination of the President of the Civil Service Commission shall be based on the record as a whole, assembled by the hearing officer. It shall be subject to review by the Civil Service Commission, upon written application by a party aggrieved within 30 days of service of the determination, pursuant to subdivision 5 of section 6 of the Civil Service Law, on the issue of manifest error only, and solely upon the record of the proceeding before the president. The decision of the commission shall be final, subject only to judicial review pursuant to article 78 of the Civil Practice Law and Rules.

(5) The Department of Civil Service shall not be required to entertain more than one application for reinstatement hereunder from any applicant during any six-month period.

4 CRR-NY 5.10 Redeployment lists {#sec-4-crr-ny-5.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 5.10}

In instances where an agreement between the State of New York and an employee organization provides for the establishment of a redeployment list and/or other benefits as authorized by section 79 of the Civil Service Law, the provision of said agreement shall be extended to State employees who are excluded from collective negotiating units.

Part 6 ENFORCEMENT; PROHIBITIONS

4 CRR-NY 6.1 Certification for payment for services {#sec-4-crr-ny-6.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 6.1}

(a) Certifications.

In order to provide for the payment of salary or compensation to officers and employees on any regular scheduled payday, the appointing authority shall furnish to the Civil Service Department, on prescribed forms, at least five days before the same is required by the appropriate fiscal or disbursing officer, the names of the persons to be paid, the title of the position held or kind of service performed by each, the rate of compensation, and such other information as the Civil Service Department may require. Such appointing officer shall certify that the persons named are employed in the performance of duties appropriate to their respective positions and employments as indicated. The Civil Service Department shall examine such forms; and if it finds that the persons names therein are employed in accordance with law, and rules made pursuant to law, it shall so certify. The Civil Service Department thereafter shall transmit such forms to the appropriate fiscal or disbursing officer for further audit and payment as required by law.

(b) Extended certifications.

The Civil Service Department may certify the employment of a person for a limited or extended period. No further certification shall be necessary for the payment of compensation to any such person so long as his status remains unchanged during the stated limited period, if any, of his employment. The Civil Service Department, however, may at any time examine the payroll of any department, agency or authority for any period, and shall examine such a payroll at least once each year to determine that all persons employed in such department, agency or authority are employed in accordance with the Civil Service Law and rules. Nothing in this section shall be construed to prevent or preclude the Civil Service Department from terminating or rescinding a certification at any time by giving notice thereof to the appropriate fiscal or disbursing officer.

When the name of any person is first submitted for certification following his appointment, reinstatement, promotion, transfer, or other change in status, and the Civil Service Department requires further information or time to enable it to make a final determination thereon, the department may certify such person temporarily pending such final determination. In such event the department shall immediately request the necessary additional information from the appointing authority, who shall furnish the same forthwith. If such information is not furnished promptly, or if the Civil Service Department finds, following receipt of such information, that the employment of such person is not in accordance with the law and rules, the department shall immediately terminate such certification by notice to the appropriate fiscal or disbursing officer.

(d) Refusal or termination of certification.

Upon satisfactory evidence of intention to evade the provisions of the law or this Chapter in assigning any employee to perform duties other than those for which he was examined and certified or under any title not appropriate to the duties to be performed, the Department of Civil Service shall refuse certification or shall terminate a certification previously made and then in force.

4 CRR-NY 6.2 Prohibition against questions eliciting information concerning political affiliation {#sec-4-crr-ny-6.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 6.2}

No question in any examination or application or other proceeding by or under the State commission or department or their examiners shall be so framed as to elicit information concerning, nor shall any other attempt be made to ascertain, the political opinions or affiliations of any applicant, competitor or eligible, and all disclosures thereof shall be discountenanced by the commission or department and its examiners. No discrimination shall be exercised, threatened or promised against or in favor of any applicant, competitor or eligible because of his political opinions of affiliations.

4 CRR-NY 6.3 Dual employment in the State service {#sec-4-crr-ny-6.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 6.3}

No officer or employee regularly employed in a position in the classified service in any State department or agency shall, while continuing to hold such position, accept appointment or employment in any other position or title, or in any capacity whatsoever, on a full-time or part-time basis, either in the classified or unclassified service, in another Sate department or agency, or in the Legislature or the judiciary, for which employment compensation or salary is payable, without the previous consent in writing of the head of the department or agency in which he is regularly employed. Such written consent shall be required, in each case, for each such additional appointment or employment accepted or undertaken by such officer or employee, and a copy thereof shall be filed by the head of the department or agency in the office of the Comptroller. A willful violation of the provisions of this section shall be deemed sufficient cause for disciplinary action, including removal. This section shall not apply to the employment by the Department of Civil Service of an officer or employee of another department or agency of the State to act as an examiner in a civil service examination or examinations or to prepare or review test questions, appeals from examination ratings or other examination materials.

Part 7 RULES APPLICABLE TO LOCAL JURISDICTIONS OR PARTICULAR AGENCIES ONLY

4 CRR-NY 7.1 Rating of examinations for positions under the jurisdiction of municipal civil service commissions {#sec-4-crr-ny-7.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 7.1}

The provisions of these rules and of the regulations of the commissioner and of the department dealing with the rating of examinations shall apply to any written examination prepared and rated by the department at the request of a municipal commission pursuant to subdivision 2 of section 23 of the Civil Service Law.

4 CRR-NY 7.2 Promotional grades {#sec-4-crr-ny-7.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 7.2}

The Civil Service Department shall prescribe appropriate lines of promotion and grades for promotional purposes for positions in the competitive class in any agency under the jurisdiction of the department for which no classification plan has been adopted. The department shall maintain a record of such prescribed lines of promotion and promotional grades which shall be open to inspection in the offices of the department.

4 CRR-NY 7.3 [Repealed] {#sec-4-crr-ny-7.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 7.3}

Chapter II ATTENDANCE RULES FOR EMPLOYEES IN NEW YORK STATE DEPARTMENTS AND INSTITUTIONS

Article 1 ATTENDANCE FOR NONMANAGERIAL/CONFIDENTIAL EMPLOYEES IN NEW YORK STATE DEPARTMENTS AND INSTITUTIONS

Part 20 GENERAL ATTENDANCE PROVISIONS

4 CRR-NY 20.1 Basic workweek {#sec-4-crr-ny-20.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 20.1}

The basic workweek for annual salaried employees of State departments, agencies and institutions, other than those employed on a part-time basis only and other than employees excluded from the application of overtime compensation under the rules of the Director of the Budget adopted pursuant to section 134 of the Civil Service Law, shall be 40 hours; provided, however, that where a shorter workweek would not interfere with the proper performance of government functions an appointing authority may establish a basic workweek of not less than 37 1/2 hours and five days or an authorized equivalent work schedule for any employees under its appointive jurisdiction as may be designated by it with the approval of the Division of the Budget; provided, however, that this Part shall not be construed to increase the workweek of any employee for whom a workweek of less than 40 hours is prescribed by law, rule or administrative regulation as of the day preceding the effective date of this Chapter.

4 CRR-NY 20.2 Record of attendance {#sec-4-crr-ny-20.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 20.2}

Daily time records showing actual hours worked by each employee shall be maintained; provided, however, that the appointing authority may, with the approval of the Department of Civil Service, exempt from this requirement such executives, officers and employees who do not earn overtime as it may designate. Employees exempt from maintaining daily time records showing actual hours worked shall maintain a daily record of absences and time and leave credits earned and used in accordance with this Chapter.

4 CRR-NY 20.3 Tardiness {#sec-4-crr-ny-20.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 20.3}

The appointing authority shall establish and publish, subject to the approval of the Department of Civil Service, rules and schedules establishing penalties for tardiness. Such penalties shall not preclude disciplinary action in cases of excessive tardiness. In the event of public transportation difficulties, strikes, sever storms or floods, or similar uncontrollable conditions affecting a group of employees, tardiness may be excused by the appointing authority.

4 CRR-NY 20.4 [Repealed] {#sec-4-crr-ny-20.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 20.4}

Part 21 ABSENCE WITH PAY

4 CRR-NY 21.1 Sundays and holidays {#sec-4-crr-ny-21.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.1}

(a) All Sundays and legal holidays enumerated herein shall be allowed as days off, or days shall be allowed in lieu thereof.

(b) The days prescribed by law for the observance of New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Election Day, Veterans' Day, Thanksgiving Day and Christmas Day shall be observed as holidays, except when any such day falls on Saturday, in which case it shall not be observed as a holiday.

(c) A pass day is a day off in lieu of a Sunday on which the employee is required to work. When such pass day falls on a day observed as a holiday pursuant to this section, such day off shall not be charged as a pass day.

4 CRR-NY 21.2 Vacation {#sec-4-crr-ny-21.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.2}

(a) Employees in State service on the day preceding the effective date of this Chapter, or who were in State service before such date and who after such date, are reinstated, or reemployed within one year after separation from State service, shall earn and accumulate vacation at the rates provided in this Chapter as in force and effect on the day preceding the effective date of this Chapter.

(b)

(1) Employees who enter State service on or after the effective date of this Chapter shall, upon completion of 13 biweekly pay periods of service, be credited with six and one-half days' vacation. Thereafter, each such employee shall earn and accumulate vacation credits at the rate of one-half day per biweekly pay period until he has completed seven years of continuous service. An employee shall not earn vacation credit for any biweekly pay period unless he is in full pay status for at least seven workdays during such biweekly pay period.

(2) A part-time employee who is required to work a fixed number of hours, five days per week, shall also receive vacation as provided herein, but his total pay for such period of vacation shall be the amount which would have been due him if he had been working regularly at his usual hours for such period.

(c) Employees who enter State service on or after the effective date of this Chapter shall also earn and, upon the completion of each full year of continuous service, be credited with additional vacation in accordance with the following schedule:

| Completed Years of Continuous Service | Additional Vacation Credits | | --- | --- | | 1 | 1 day | | 2 | 2 days | | 3 | 3 days | | 4 | 4 days | | 5 | 5 days | | 6 | 6 days | | 7 | 7 days |

(d)

(1) A leave of absence without pay, or a resignation followed by reinstatement or reemployment in State service within one year following such resignation, shall not constitute an interruption of continuous service for the purposes of this section; provided, however, that leave without pay for more than six months or the period between resignation and reinstatement for reappointment, during which the employee is not in State service, shall not be counted in determining eligibility for additional vacation credits under this section.

(2) During the second through the seventh years of continuous service, credits not to exceed the number of additional vacation credits earned for the previously completed year of service, and in proportion to the number of pay periods served during the current year, may be advanced to an employee to cover necessary absences where no other credits are available. Compensation shall be granted for these credits in the event of layoff, military leave or death of an employee.

(3) After the anniversary date on which an employee has been credited with seven days of additional vacation credits he shall thereafter earn vacation for completed biweekly pay periods at a rate which will equal 20 days for 26 such pay periods.

(e) No accumulation of vacation credits in excess of 30 days shall be permitted except that employees having accumulated vacation credits in excess of 30 days on the day preceding the effective date of this Chapter shall be allowed a period of one year to reduce such accumulated credits to an amount not in excess of 30 days. The appointing authority shall notify the employee, in writing, of the total amount of his unliquidated credits when such credits total the equivalent of 25 workdays.

(f) The time at which vacation may be drawn by an employee shall be subject to the prior approval of the appointing authority.

(g) So far as practicable, vacation credits shall be used prior to appointment, promotion or transfer to another department, agency or institution. The department, agency or institution to which an employee is appointed, promoted or transferred shall credit him with all of his accumulated vacation credits not used prior to such appointment, promotion or transfer.

(h) An employee paid on an hourly or per diem basis who qualifies for coverage under this Chapter on the basis of nine months of continuous employment which began prior to January 3, 1957, the effective date of this Chapter, shall earn and accumulate vacation at the same rates as apply to annual salaried employees who were in service prior to such date. Other per diem and hourly paid employees shall earn and accumulate vacation at the same rates and subject to the same conditions as apply to annual salaried employees who enter State service on or after January 3, 1957, and, for the purpose of determining eligibility for additional vacation credits, each such employee shall be credited with all years of continuous service rendered from the beginning of the first nine months of his service by which he qualified for coverage under this Chapter. Every per diem and hourly paid employee shall, on the date on which he becomes subject to this Chapter, be credited with the number of days of vacation which he would have earned during the preceding nine months if he had been subject to this Chapter during such period, less the number of days of paid vacation which were granted to him during such nine-month period, except that no deduction shall be made for vacation drawn during such nine-month period which was earned prior thereto in accordance with an established departmental policy.

4 CRR-NY 21.3 Sick leave {#sec-4-crr-ny-21.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.3}

(a) Sick leave is absence with pay necessitated by the illness or disability of the employee including illness or disability caused by pregnancy or childbirth.

(b) Employees shall earn sick leave credits at the rate of one-half day per biweekly pay period and may accumulate such credits up to a total of 150 days; provided, however, that an employee shall not earn sick leave credit for any biweekly pay period unless he is in full pay status for at least seven work days during such biweekly pay period. A part-time employee who is required to work a fixed number of hours, five days per week, shall also earn sick leave credit as provided herein, but his total pay when absent on such leave shall be the amount which would have been due him had he been working regularly at his usual hours for such period.

(c) An employee absent on sick leave shall notify his supervisor of such absence and the reason therefor on the first day of such absence and within two hours after the beginning of his work day; provided, however, that where the work is such that a substitute may be required, the appointing authority may require earlier notification, but not more than two hours prior to the beginning of the employee's work day. Sick leave credits may be used in such units as the appointing authority may approve, but shall not be used in units of less than one-half hour.

(d) Before absence for personal illness may be charged against accumulated sick leave credits, the appointing authority may require such proof of illness as may be satisfactory to it, or may require the employee to be examined, at the expense of the department or agency, by a physician designated by the appointing authority. In the event of failure to submit proof of illness upon request, or in the event that, upon such proof as is submitted or upon the report of medical examination, the appointing authority finds that there is not satisfactory evidence of illness sufficient to justify the employee's absence from the performance of his duties, such absence may be considered as unauthorized leave and shall not be charged against accumulated sick leave credits. Abuse of sick leave privileges shall be cause for disciplinary action.

(e) The appointing authority may require an employee who has been absent because of personal illness, prior to and as a condition of his return to duty, to be examined, at the expense of the department or agency, by a physician designated by the appointing authority, to establish that he is not disabled from the performance of his normal duties and that his return to duty will not jeopardize the health of other employees.

(f) In addition to personal illness of the employee, the following types of absence, when approved by the appointing authority, may be charged against accumulated sick leave credits: illness or death in the employee's family, provided, however, that charge for such absence shall not exceed a maximum of 15 days in any one year; absence of an employee certified by an examining physician as benefiting from the use of a service animal in performing major life activities, or who is registered with the New York State Commission for the Blind and Visually Handicapped as legally blind, or certified by an examining physician or licensed optometrist as legally blind, as manifested by visual acuity of 20/200 or less in the better eye with best correction or a visual field of 20 degrees or less, or who has a hearing impairment manifested by a speech discrimination score of 40 percent or less in the better ear with appropriate correction as certified by an examining physician or by a licensed audiologist or otorhinolaryngologist, for the purpose of obtaining a guide dog or service animal and required training related thereto, provided, however, that charge for such absence shall not exceed a maximum of 26 days in any one calendar year; and personal visits to doctor or dentist. Proof of the need for such absence, satisfactory to the appointing authority, may be required.

(g) When an employee is transferred, his accumulated sick leave credits shall be transferred with him. When an employee is separated from service for other than disciplinary reasons and is subsequently reinstated or reemployed within one year after such separation, or is reinstated by action of the State Civil Service Commission, or is reinstated or reemployed while eligible for reinstatement from a preferred list, his sick leave credits accumulated and unused at the time of his separation shall be restored; provided, however, that such sick leave credits shall not be restored except where leave records satisfactory to the appointing authority and the Department of Civil Service are available.

(h) Every per diem and hourly paid employee shall, on the date on which he becomes subject to this Chapter, be credited with the number of days of sick leave which he would have earned during the preceding nine months if he had been subject to this Chapter during such period, less the number of days of sick leave with pay which were granted to him during such nine-month period, except that no deduction shall be made for sick leave drawn during such nine-month period which was earned prior thereto in accordance with an established departmental policy.

(i) This section shall not be construed to require extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation.

4 CRR-NY 21.4 Extended sick leave {#sec-4-crr-ny-21.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.4}

(a) The appointing authority may, in its discretion, advance sick leave credits to an employee absent due to personal illness who has exhausted his accumulated sick leave, vacation and overtime credits. Such advanced sick leave credits shall be repaid, as soon as practicable after the employee's return to duty, from subsequent accumulations of time credits. The outstanding unrepaid sick leave credits advanced to any employee under the provisions of this subdivision shall not at any time exceed a total of five days.

(b) The appointing authority may, in its discretion, upon written request from an employee certified by an examining physician as benefiting from the use of service animal in performing major life activities, or who is registered with the New York State Commission for the Blind and Visually Handicapped as legally blind, or certified by an examining physician or licensed optometrist as legally blind, as manifested by visual acuity of 20/200 or less in the better eye with best correction or a visual field of 20 degrees or less, or who has a hearing impairment manifested by a speech discrimination score of 40 percent or less in the better ear with appropriate correction as certified by an examining physician or by a licensed audiologist or otorhinolaryngologist, advance up to 26 days of sick leave to such employee who is absent for the purpose of obtaining a guide dog or service animal and required training related thereto, and who has exhausted accumulated leave credits, provided the cumulative total of sick leave credits charged and/or advanced for this purpose does not exceed 26 days in any one calendar year. Such advanced sick leave credits shall be repaid, as soon as practicable after the employee's return to duty, from subsequent accumulations of time credits. The outstanding unrepaid sick leave credits advanced to an employee under the provisions of this subdivision shall not at any time exceed a total of 26 days.

(c) Upon termination of an employee advanced sick leave pursuant to this Part, any such advanced sick leave not offset by subsequent accumulations of sick leave, vacation and overtime credits shall be deducted from salary or wages due the employee.

4 CRR-NY 21.5 Sick leave at half-pay {#sec-4-crr-ny-21.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.5}

The appointing authority may, in its discretion, grant sick leave at half-pay for personal illness to a permanent employee having not less than one year of service after all of his sick leave, vacation and overtime credits have been used; provided, however, that the cumulative total of all sick leave at half-pay hereafter granted to any employee during his State service shall not exceed one pay period for each completed six months of his State service.

4 CRR-NY 21.6 Personal leave {#sec-4-crr-ny-21.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.6}

(a) Personal leave is leave with pay for personal business, including religious observance, without charge against accumulated vacation or overtime credits. Employees shall be entitled to personal leave not exceeding a total of five days in a year, to be credited as follows:

(1) An employee in State service on the effective date of this Chapter shall be credited with five days' personal leave on the effective date of this Chapter, and thereafter, except as herein otherwise provided, shall be credited with five days' personal leave each year on the anniversary of the effective date of this Chapter.

(2) Any person who was separated or granted a leave of absence without pay from State service prior to the effective date of this Chapter and is hereafter reemployed or reinstated in State service, and any employee who enters State service after the effective date of this Chapter, shall be credited with five days' personal leave on the date of such reemployment, reinstatement or entry, as the case may be, and thereafter, except as herein otherwise provided, shall be credited with five days' personal leave each year on the anniversary of such date, and, for the purpose of crediting personal leave, a per diem or hourly paid employee shall be deemed to enter State service on the date on which he becomes subject to the application of this Chapter.

(3) If an employee is separated from State service, or granted a leave of absence without pay from State service, subsequent to the effective date of this Chapter, and thereafter is reinstated or reemployed within one year following the last date upon which personal leave was credited to him pursuant to this Chapter, the unused personal leave standing to his credit at the time of separation or leave of absence shall be restored to him and he shall retain the same anniversary date for the purposes of crediting personal leave thereafter under this section as that which was applicable to him prior to such separation or leave of absence.

(4) If an employee is separated from State service, or granted a leave of absence without pay from State service, subsequent to the effective date of this Chapter, and thereafter is reinstated or reemployed more than one year following the last date upon which personal leave was credited to him pursuant to this Part, such reinstatement or reemployment shall be deemed to be a new entry into State service for the purposes of crediting personal leave under this Part.

(5) If an employee is appointed, promoted or transferred to another department or agency, the unused personal leave standing to his credit at the time of such appointment, promotion or transfer shall be transferred with him, and he shall retain the same anniversary date for purposes of crediting personal leave as that which was applicable to him prior to such appointment, promotion or transfer.

(b) Personal leave shall not be cumulative, and any personal leave credit remaining unused by an employee on the date immediately preceding the anniversary date upon which he is entitled to receive new personal leave credits hereunder shall be cancelled. Unused personal leave shall not be liquidated in cash at the time of separation, retirement or death.

(c) Personal leave may be drawn only at a time convenient to and approved in advance by the appointing authority; provided, however, that personal leave allowed for religious observance shall be granted on the days and hours required, insofar as the same may be granted at such time without interference with the proper conduct of governmental functions.

4 CRR-NY 21.7 Leave for extraordinary weather conditions {#sec-4-crr-ny-21.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.7}

(a) The appointing authority may, in its discretion, grant employees time off with pay on account of excessive heat or other extraordinary weather conditions.

(b) Such time off shall be charged against accumulated vacation, overtime or sick leave credits, or may, with the approval of the appointing authority, be allowed as personal leave.

4 CRR-NY 21.8 Workers' compensation leave {#sec-4-crr-ny-21.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.8}

(a) Leave for absence necessitated by occupational injury or disease.

(1) Except as otherwise provided in subdivisions (b) and (c) of this section, an employee necessarily absent from duty because of occupational injury or disease as defined in the Workers' Compensation Law, upon giving notice to his appointing authority that he is absent on account of such injury or disease and that he claims benefits under such law, shall be allowed leave from his position for the period of absence necessitated by such injury or disease, up to cumulatively one year including any periods of such absence during which the employee draws vacation, sick leave or other leave credits. Such leave may be extended for further periods in the discretion of the appointing authority.

(2) Upon granting workers' compensation leave pursuant to subdivision (a) or (b) of this section, the appointing authority shall provide the employee in writing with the notice specified in section 5.9(b) of this Title, within the time prescribed by that rule.

(3) No less than 30 days nor more than 60 days prior to the anticipated expiration of an employee's workers' compensation leave, or the effective date of a termination of the leave by the employer pursuant to section 71 of the Civil Service Law upon a finding that the unfitness to perform the duties of the position is permanent where that determination does not arise from a hearing, the appointing authority shall provide the employee in writing with the notice specified in section 5.9(c)(2) of this Title. If for any reason less than 30 days would remain prior to the date of termination of leave, if that termination is not the result of a hearing, service of the notice shall be deemed to be a grant by the appointing authority of an extension of the leave to a date 30 days from the date of service of this notice.

(b) Controverted cases.

If the employee's claim for benefits under the Workers' Compensation Law is controverted by the State Insurance Fund (at the request of the appointing authority or on its own initiative) and the appointing officer is so notified, the employee shall not be entitled to leave under this section. This shall not, however, adversely affect the employee's eligibility for leave under other provisions of this Chapter. If final determination of the controverted claim is in favor of the employee, he shall be entitled to leave under this section, and all absences before such final determination, to the extent that the same were necessitated by his occupational injury or disease, shall be deemed to have been pursuant to leave under this section.

Leave under this section may be withheld or terminated if the appointing authority determines that the occupational injury or disease suffered by the employee is of such a nature as to permanently incapacitate him for the performance of the duties of his position.

(d) Pay during leave.

An employee on leave under this section may receive pay, as follows:

(1) The appointing authority upon finding that the employee is in fact disabled from the performance of his duties, may grant the employee full pay during such leave not exceeding cumulatively six months. Such full pay may be granted irrespective of the employee's accrued credits under this Chapter.

(2) Except when on full pay status under paragraph (1) of this subdivision, the employee may draw accrued vacation, overtime and sick leave credits, subject to the provisions of this Chapter pertaining thereto.

(3) If not drawing full pay under paragraph (1) or paragraph (2) of this subdivision, an employee may, in the discretion of the appointing authority, be allowed to draw personal leave and sick leave at half pay for which he may be eligible under this Chapter.

(e) Accrual of leave credits.

An employee who receives full pay for any period of leave under this section shall earn vacation and sick leave credits during such period.

(f) Award credited to State.

An award by the Workers' Compensation Board of compensation for any period for which the employee receives or received pay from the State shall be credited to the State as reimbursement of wages paid.

(g) Restoration of leave credits.

Leave credits, including sick leave at half pay, used by an employee during a period of absence for which an award of compensation has been made and credited to the State as reimbursement for wages paid shall be restored to him in full; provided, however, that no restoration shall be made for any absence of less than a full day. Credits so restored may not again be used for future absences attributable to the same injury. In the event that the employee dies, resigns, retires or continues absent beyond one year without further leave, cash payment for vacation and overtime credits, including any credits restored under this subdivision, shall be made in accordance with the appropriate provisions of this Chapter. In any other case, an employee restored to service after absence on leave under this section shall have one year from the date of such restoration to reduce his accrued leave credits to the limits prescribed in this Chapter.

(h) Return to duty.

Upon request of the employee for restoration to duty at or prior to the expiration of the maximum period of allowed leave, the appointing authority, if in doubt as to whether the employee is physically and mentally fit to perform the duties of the position, may require the employee to undergo medical examination, by a physician designated by the appointing authority, before the employee may be restored to duty. If restoration to duty is denied, the employee may make application therefor in the manner prescribed by section 5.9 of this Title. If an employee's employment is terminated as a matter of law due to continued absence after the expiration of the maximum period of allowed leave, or due to a finding of permanent disability, eligibility for reinstatement shall be governed by section 71 of the Civil Service Law and section 5.9 of this Title.

(i) Medical examination.

In order to enable the appointing authority to make such determinations as are authorized or required under this section, the appointing authority may require an employee at any time to be examined by a physician designated by the appointing authority.

(j) Where the appointing authority has refused to grant the employee pay during leave pursuant to subdivision (d) of this section, the employee may request the Civil Service Commission to review the determination of the appointing authority. If the commission finds that such determination of the appointing authority is arbitrary or unreasonable, it may reverse or modify such determination. Where the appointing authority has withheld or terminated a leave of absence on the ground that the occupational injury or disease is of such a nature as to permanently incapacitate the employee for performance of the duties of the position, and the employee disputes the issue of permanence of incapacitation, the employee may apply for continued leave up to a maximum of one year in aggregate, restoration to duty or reinstatement to employment, pursuant to the procedures of section 5.9 of this Title.

(k) Construction.

This section shall not be construed to require extension of any employment beyond the time at which it would otherwise terminate.

4 CRR-NY 21.9 Leave for subpoenaed appearance and jury attendance {#sec-4-crr-ny-21.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.9}

(a) Except as provided in subdivision (b) of this section, on proof of the necessity of jury service or appearance as a witness pursuant to subpoena or other order of a court or body, an employee shall be granted a leave of absence with pay with no charge against leave credits; provided, however, that this section shall not apply to any absence by an employee occasioned by such an appearance in an action to which such employee is a party.

(b) An employee holding a position designated as overtime ineligible may be granted a leave of absence with pay with no charge against leave credits on proof of necessity of jury service or appearance as a witness pursuant to subpoena or other order of a court or body for any period(s) of less than a workweek, regardless of whether such employee is a party to the action.

4 CRR-NY 21.10 Leave for civil service examinations {#sec-4-crr-ny-21.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.10}

Employees shall be allowed leave with pay to take New York State Civil Service examinations at the appropriate center, provided that due notice is given by the employee to the appointing authority.

4 CRR-NY 21.11 Leave for quarantine {#sec-4-crr-ny-21.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.11}

If an employee who is not ill himself is required to remain absent because of quarantine and presents a written statement of the attending physician or local health officer proving the necessity of such absence, he shall be granted leave with pay for the period of his required absence, without charge against accumulated sick leave, vacation or overtime credits. Prior to return to duty, such employee may be required to submit a written statement from the local health officer having jurisdiction that his return to duty will not jeopardize the health of other employees.

4 CRR-NY 21.12 Leaves required by law {#sec-4-crr-ny-21.12 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.12}

The appointing authority shall grant any leave of absence, with pay, required by law.

4 CRR-NY 21.13 Leave for civil defense duties {#sec-4-crr-ny-21.13 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.13}

Upon certification by the State Director of Civil Defense of the necessity for the participation in State or local civil defense drills of an employee enrolled as a civil defense volunteer and required to perform civil defense duties pursuant to the New York State Defense Emergency Act, the appointing authority may allow such employee to absent himself from his position, without loss of pay or charge against leave credits, for such time as is necessary for participation in such drills, but not exceeding cumulatively five work days per calendar year.

4 CRR-NY 21.14 Retroactive time credits {#sec-4-crr-ny-21.14 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.14}

Except for the provisions of sections 21.2(i) and 21.3 of this Part granting vacation and sick leave credits for the nine months' service preceding the date on which an employee becomes subject to this Chapter, nothing herein contained shall be construed to provide for the granting of retroactive vacation, sick leave or other time credits to any per diem or hourly paid employee for service rendered prior to August 14, 1958.1

4 CRR-NY 21.15 Supplemental military leave {#sec-4-crr-ny-21.15 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.15}

(a) Supplemental military leave with pay.

Upon exhaustion of military leave with pay provided pursuant to section 242 of the New York State Military Law, an employee who has been federally ordered, or ordered by the Governor, to active military duty (other than for training) related to the war on terror, on or after September 11, 2001, shall be granted supplemental military leave with pay for a period or periods not exceeding a total of 30 calendar days or 22 working days, whichever is greater. Provided, however, that in no event shall such supplemental military leave be granted for military service performed before September 11, 2001 or after December 31, 2025; nor shall more than one such grant of supplemental military leave be credited to any employee during the period from September 11, 2001 through December 31, 2025. Notwithstanding any involuntary change in employment status after being ordered to active duty, except termination for cause, such employee shall be deemed to be on leave of absence from the State service, for purposes of entitlement to this benefit.

(b) Leave at reduced pay.

An employee eligible for supplemental military leave pursuant to subdivision (a) of this section, who has exhausted such leave, and has had applied to his or her benefit other available leave credits, if he or she had previously elected use of such credits, shall be eligible for leave at reduced pay upon being federally activated or activated by the Governor for military service in response to the war on terror. Notwithstanding any involuntary change in employment status after being ordered to such duty, except termination for cause, such person shall be deemed to be on leave of absence from the State service, for purposes of entitlement to such benefit, until discharge or release from such duty. Provided however, that in no case shall this benefit be provided after December 31, 2025.

Employees are eligible for a grant of training leave at reduced pay in calendar year 2025 following:

(1) any active military service in calendar year 2025 that is related to the war on terror; and

(2) exhaustion of their calendar year 2025 military leave entitlement under section 242 of the New York State Military Law and any leave credits (other than sick leave) that they elect to use.

During calendar year 2025, training leave at reduced pay may be used by employees for up to 30 calendar days or 22 work days, whichever is greater, of any required military duty (including mandatory weekend and summer training or other activation) that is not related to the war on terror.

(d) Rates of pay for leave at reduced pay and training leave at reduced pay used in calendar year 2025 shall be calculated in the following manner:

(1) For employees who have utilized leave at reduced pay or training leave at reduced pay prior to January 1, 2025, the rate of reduced pay for the first use of either category of leave utilized at any point between January 1, 2025 and December 31, 2025 shall be calculated as follows:

(i) Employees on training leave at reduced pay or leave at reduced pay on January 1, 2025 shall have the calculation of reduced pay for either leave category based upon their State salary (defined as base pay plus location pay plus geographic differential) as of January 1, 2025, reduced by the military pay rate used in calculating the most recent period of leave at reduced pay or training leave at reduced pay, prior to January 1, 2025.

(ii) Employees whose first use of leave at reduced pay or training leave at reduced pay occurs between January 2, 2025, and December 31, 2025 shall have the calculation of reduced pay for either leave category based upon their State salary (defined as base pay plus location pay plus geographic differential) as of their last full day in full pay status prior to the first use of training leave at reduced pay or leave at reduced pay after January 1, 2025, reduced by the military pay rate (defined as base pay plus housing and food allowances) used in calculating the most recent period of leave at reduced pay or training leave at reduced pay, prior to January 1, 2025.

(2) For employees who have not utilized leave at reduced pay or training leave at reduced pay prior to January 1, 2025, the rate of reduced pay for the first use of either category or leave between January 1, 2025 and December 31, 2025 shall be calculated as follows: the rate of reduced pay shall be based upon State salary (defined as base pay plus location pay plus geographic differential) as of the last day in full pay status prior to the first use of leave at reduced pay or training leave at reduced pay, reduced by any military pay (defined as base pay plus housing and food allowances) received from the United States government or New York State as of the first day in leave at reduced pay or training leave at reduced pay status.

(3) For all employees covered by paragraph (1) or (2) of this subdivision, the rate of reduced pay calculated for the first use of either leave at reduced pay or training leave at reduced pay shall be used for any subsequent period of leave at reduced pay or training leave at reduced pay during calendar year 2025.

(e) Employees eligible for leave at reduced pay and training leave at reduced pay pursuant to this section, or those who would be eligible if their military payments did not exceed their State salary payments, will be credited with vacation bonus days and personal leave days they would otherwise have received on their vacation and personal leave anniversary dates, should said dates occur during this leave. However, such employees will not be eligible to:

(1) earn bi-weekly vacation and sick leave accruals for any period in which they are not in full pay status for at least 7 out of 10 days; or

(2) receive credit for holidays that fall during a period on which they are on leave at reduced pay or training leave at reduced pay.

(f) In no event shall leave at reduced pay or training leave at reduced pay be granted for military service performed after December 31, 2025. The provisions of this section shall not apply to those employees who have voluntarily separated from State service or who are terminated for cause.

4 CRR-NY 21.16 Exhaustion of military leave with pay {#sec-4-crr-ny-21.16 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 21.16}

Upon exhaustion of military leave with pay provided pursuant to section 242 of the New York State Military Law, an employee holding a position designated as overtime ineligible may be granted leave with pay without charge to leave credits for any period(s) of less than a workweek during which such employee is ordered to temporary military duty.

Part 22 LEAVES WITHOUT PAY

4 CRR-NY 22.1 Leave of absence; duration {#sec-4-crr-ny-22.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 22.1}

(a) A permanent employee, or an employee holding a position by permanent or temporary appointment who requests leave because of pregnancy or childbirth, may, in the discretion of the appointing authority, be granted a leave of absence, without pay for a period not exceeding two years. Such leave may be extended beyond two years, for periods aggregating not in excess of an additional two years, only with the approval of the Civil Service Commission. In an exceptional case, a further extension may be permitted by the commission for good cause shown and where the interests of the government would be served. For the purposes of this Part, time spent in active service in the military forces of the United States or of the State of New York shall not be considered in computing the period of leave.

(b) This section shall not be construed to require the extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation.

4 CRR-NY 22.2 Successive leaves of absence {#sec-4-crr-ny-22.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 22.2}

Where a leave of absence without pay has been granted for a period which aggregates two years, or more if extended pursuant to section 22.1 of this Part, a further leave of absence without pay shall not be granted unless the employee returns to his position and serves continuously therein for six months immediately preceding the subsequent leave of absence.

4 CRR-NY 22.3 [Repealed] {#sec-4-crr-ny-22.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 22.3}

Part 23 DRAWING OF EARNED CREDITS UPON SEPARATION OR ENTRY INTO ARMED FORCES

4 CRR-NY 23.1 Payment for accruals upon separation {#sec-4-crr-ny-23.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 23.1}

At the time of separation from State service, an employee, his estate or beneficiary, as the case may be, shall be compensated in cash for overtime credits not in excess of 30 days accrued and unused as of the effective date of separation; and further, except where provision is made for the transfer of leave credits, he shall be compensated in cash for vacation credits not in excess of 30 days accrued and unused as of the effective date of separation, except that in the case of resignation, the appointing authority may require, as a condition for such payment, that written notice of such resignation be given to the appointing authority at least two weeks prior to the last day of work. No employee who is removed from State service as a result of disciplinary action or who resigns after charges of incompetency or misconduct have been served upon him shall be entitled to compensation for vacation credits under the provisions of this Part.

4 CRR-NY 23.2 Payment for accruals upon entry into Armed Forces {#sec-4-crr-ny-23.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 23.2}

An employee on leave from his position on account of his entry into the Armed Forces of the United States for active duty (other than for training) as defined by Title 10 of the United States Code, may elect to receive compensation in cash for vacation and overtime credits not in excess of 30 days in each category accrued and unused as of the last date on which his name appeared on the State payroll.

4 CRR-NY 23.3 Payment for overtime accruals upon appointment, promotion or transfer {#sec-4-crr-ny-23.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 23.3}

An employee who is appointed, promoted or transferred from one department or agency to another shall be compensated in cash by the department or agency from which he is so appointed, promoted or transferred for such of his overtime credits up to 30 days as cannot be liquidated by compensatory time off prior to such appointment, promotion or transfer. An employee who is appointed, promoted or transferred from one unit or institution to another within the same department or agency in the Office of Mental Health, the Office of Mental Retardation and Developmental Disabilities, the Department of Health, the Department of Correctional Services, or the Division for Youth, or within the State University, shall not be compensated in cash for overtime but such credits shall be transferred to the new unit or institution with the employee.

Part 24 CREDITING OTHER PUBLIC EMPLOYMENT AS STATE SERVICE

4 CRR-NY 24.1 Written agreement required for transfer of leave credits {#sec-4-crr-ny-24.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 24.1}

For the purpose of applying the provisions of this Chapter, employment in the executive, legislative or judicial branches of State service in positions not subject to this Chapter shall be credited as State service; provided, however, that, except as otherwise provided by law, leave credits may not be transferred upon movement from such positions to positions subject to this Chapter except where such credits were earned and accumulated in accordance with attendance and leave regulations which are substantially equivalent to this Chapter, and there is a written agreement between the president of the Civil Service Commission and the agency wherein such credits were earned and accumulated governing the transfer of leave credits upon such movements. Other public employment not subject to this Chapter may be credited as State service for purposes of this Chapter, provided such employment was subject to attendance and leave regulations substantially equivalent to this Chapter, and provided there is a written agreement between the president of the Civil Service Commission and the public agency wherein such employment occurred governing the crediting of such employment as State service and the transfer of leave credits upon movement of employees to and from such agency and positions subject to this Chapter.

Part 25 SUSPENSION OF RULES

4 CRR-NY 25.1 Emergency required for suspension of rules {#sec-4-crr-ny-25.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 25.1}

This Article may be suspended in whole or in part, in an emergency, for the duration of same and to an extent made necessary by the nature of the emergency, on approval by the State Civil Service Commission of a written request by the appointing authority in the agency in which the emergency exists.

4 CRR-NY 25.2 [Renumbered] {#sec-4-crr-ny-25.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 25.2}

Part 26 APPLICABILITY

4 CRR-NY 26.1 To whom Article applies {#sec-4-crr-ny-26.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 26.1}

(a) Except as otherwise expressly provided in any rule or rules, this Article shall apply to the following employees in the classified service in departments, agencies and institutions in the Executive Branch of the State service who are not designated as managerial or confidential under section 201, article 14, of the Civil Service Law:

(1) all such employees who are compensated on annual salary basis;

(2) all such employees compensated on a per diem or hourly basis who are employed on a regularly scheduled workweek of at least three and three-fourths hours per day and five days per week, and who have been so employed continuously for nine months without a break in service exceeding one full payroll period. Any such person who has completed such nine months of service on or before the effective date of this section shall become subject to this Chapter commencing on the effective date of this section; or, if such person is not in employment status on the effective date of this section, he/she shall be subject to this Chapter commencing on the first day of the payroll period following reinstatement pursuant to law or rules, or on the first day of the payroll period following such reemployment, provided such reemployment occurs within one year after such person's last separation from State service. Any such employee who completes such nine months of service subsequent to the effective date of this section shall become subject to this Chapter commencing on the first day of the payroll period following completion of such service. Such employees shall thereafter continue to be subject to this Chapter so long as such employment continues without a break in service of more than one year.

(b) This Chapter shall not apply to employees of the Department of Taxation and Finance who are employed in surrogates' offices pursuant to section 249-dd of the Tax Law.

(c) This Chapter shall not apply to employees who are employed in positions the principal duty of which is the teaching or instruction of patients or inmates, or the direct supervision of such teaching or instruction, and who are compensated in accordance with section 136 of the Civil Service Law.

4 CRR-NY 26.2 Exceptions {#sec-4-crr-ny-26.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 26.2}

The provisions of these rules authorizing the earning and accumulation of vacation credits and entitlement to personal leave shall not apply to employees whose employment is temporary and limited to all or parts of the months of June, July, August and September and who are designated as summer employees or summer replacements.

4 CRR-NY 26.3 Rules applicable to employees in negotiating units {#sec-4-crr-ny-26.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 26.3}

The provisions of these attendance rules, insofar as they apply to employees in the negotiating units established pursuant to article 14 of the Civil Service Law, shall be continued; provided, however, that during periods of time when there is in effect an agreement between the State and an employee organization reached pursuant to the provisions of said article 14, the provisions of such agreement and the provisions of such rules shall both be applicable. In the event the provisions of the agreement are different from the provisions of the attendance rules, the provisions of the agreement shall be controlling.

Article 2 ATTENDANCE FOR MANAGERIAL/CONFIDENTIAL EMPLOYEES IN NEW YORK STATE DEPARTMENTS AND INSTITUTIONS

Part 27 GENERAL ATTENDANCE PROVISIONS

4 CRR-NY 27.1 Basic workweek {#sec-4-crr-ny-27.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 27.1}

The basic workweek for annual salaried employees of State departments, agencies and institutions, other than those employed on a part-time basis only and other than employees excluded from the application of overtime compensation under the rules of the Director of the Budget adopted pursuant to section 134 of the Civil Service Law, shall be 40 hours; provided, however, that where a shorter workweek would not interfere with the proper performance of government functions an appointing authority may establish a basic workweek of not less than 37 1/2 hours and five days or an authorized equivalent work schedule, for any employees under its appointive jurisdiction as may be designated by it with the approval of the Division of the Budget; provided, however, that this Part shall not be construed to increase the workweek of any employee for whom a workweek of less than 40 hours is prescribed by law, rule or administrative regulation as of the day preceding the effective date of this Chapter.

4 CRR-NY 27.2 Record of attendance {#sec-4-crr-ny-27.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 27.2}

4 CRR-NY 27.3 Tardiness {#sec-4-crr-ny-27.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 27.3}

(a) The appointing authority shall establish and publish, subject to the approval of the Department of Civil Service, rules and schedules establishing penalties for tardiness. Such penalties shall not preclude disciplinary action in cases of excessive tardiness. In the event of public transportation difficulties, strikes, severe storms or floods, or similar uncontrollable conditions affecting a group of employees, tardiness may be excused by the appointing authority.

(b) The appointing authority may excuse a reasonable amount of tardiness caused by direct emergency duties of duly authorized volunteer ambulance squad members, volunteer firemen, enrolled civil defense volunteers, and enrolled civil air patrol volunteers, subject to whatever evidence of participation in such activities may be deemed necessary by the appointing authority.

Part 28 ABSENCE WITH PAY

Subpart 28-1 ABSENCE WITH PAY

4 CRR-NY 28-1.1 Saturdays, Sundays and holidays {#sec-4-crr-ny-28-1.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.1}

(a) Saturdays and Sundays are normally allowed as days off, or days may be allowed in lieu thereof. A pass day is a day off in lieu of a Saturday or Sunday on which an employee is normally and regularly required to work.

(b) Holidays shall be allowed as days off, or days shall be allowed in lieu thereof.

(c) The days prescribed by law for the observance of New Year's Day, Dr. Martin Luther King, Jr. Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans' Day, Thanksgiving Day and Christmas Day shall be observed as holidays. When a day observed as a holiday as provided herein falls on a Saturday or on an employee's pass day, the employee shall be allowed compensatory time off or another day shall be designated as a holiday in lieu thereof. In lieu of observance of the holidays enumerated herein on the days prescribed by law, the State may designate one or more of these holidays for observance on date or dates to be selected by the employee in accordance with guidelines issued by the Department of Civil Service.

(d) Compensatory time off in lieu of a holiday shall be credited as holiday leave. Employees shall be allowed reasonable opportunity to liquidate such leave time prior to separation, subject to program requirements and, in the case of resignation, subject to reasonable advance notice of such resignation.

(e) A part-time employee shall also observe holidays as provided herein, but such employee's total pay for a holiday shall be the amount which would have been due if such employee had been working regularly at his/her usual hours for such holiday. Such part-time employees shall observe only those holidays which fall on days they normally and regularly work or actually work; provided, however, that in the event a holiday falls on a Saturday and another day is not designated to be observed as the holiday, part-time employees eligible to observe holidays who are employed on a fixed schedule of at least half time and for whom Saturday is not a regular workday, but who are scheduled to work on the Friday immediately preceding such holiday, shall be granted holiday leave equivalent to the number of hours such employees are regularly scheduled to work on that preceding Friday, but not to exceed one-fifth the number of hours in the normal workweek of full-time State employees.

4 CRR-NY 28-1.2 Vacation {#sec-4-crr-ny-28-1.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.2}

(a) Employees in State service on January 2, 1957, or who were in State service before such date and who, after such date, are reinstated, or reemployed within one year after separation from State service, shall earn and accumulate vacation at the rates provided in this Chapter as in force and effect on the day preceding the effective date of this Article.

(b)

(1) Employees who enter State service on or after January 3, 1957 shall, upon completion of 13 biweekly pay periods of service, be credited with 6½ days' vacation. Thereafter, each such employee shall earn and accumulate vacation credits at the rate of one-half day per biweekly pay period until such employee has completed seven years of continuous service. An employee shall not earn vacation credit for any biweekly pay period unless in full pay status for at least seven workdays during such biweekly pay period.

(2) A part-time employee who is required to work a fixed number of hours on a fixed schedule five days per week, or who is required to work at least half-time each biweekly pay period for a fixed number of hours on a fixed schedule, shall also receive vacation as provided herein, but the total pay for such period of vacation shall be the amount which would have been due if such employee had been working regularly at his/her usual hours for such period.

(c) Employees who enter State service on or after January 3, 1957 shall also earn, and upon the completion of each full year of continuous service be credited with, additional vacation in accordance with the following schedule:

| Completed years of continuous service | Additional vacation credits | | --- | --- | | 1 | 1 day | | 2 | 2 days | | 3 | 3 days | | 4 | 4 days | | 5 | 5 days | | 6 | 6 days | | 7 | 7 days |

(1) During the second through the seventh years of continuous service, credits not to exceed the number of additional vacation credits earned for the previously completed year of service, and in proportion to the number of pay periods served during the current year, may be advanced to an employee to cover necessary absences where no other credits are available. Compensation shall be granted for these credits in the event of layoff, military leave or death of an employee.

(2) After the anniversary date on which an employee has been credited with seven days of additional vacation credits, such employee shall thereafter earn vacation for completed biweekly pay periods at a rate which will equal 20 days for 26 such pay periods.

(3) Employees having 20 or more years of continuous State service shall receive additional vacation credit as follows:

| Completed years of continuous service | Additional vacation credits | | --- | --- | | 20 to 24 | 1 day | | 25 to 29 | 2 days | | 30 to 34 | 4 days | | 35 or more | 5 days |

An employee shall receive additional vacation credit on the day on which such employee would normally be credited with such additional vacation in accordance with the above schedule, and shall thereafter be eligible for additional vacation credit upon the completion of each additional 12 months of continuous State service.

(d) Continuous State service for the purpose of this section shall mean uninterrupted State service, in pay status, as an employee. A leave of absence without pay, or a resignation followed by reinstatement or reemployment in State service within one year following such resignation, shall not constitute an interruption of continuous State service for the purposes of this section; provided, however, that leave without pay for more than six months or a period of more than six months between resignation and reinstatement or reappointment, during which the employee is not in State service, shall not be counted in determining eligibility for additional vacation credits or in computing continuous State service under this section.

(e)

(1) Except as provided in paragraphs (3) and (4) of this subdivision, vacation credits earned as provided herein may be accumulated without limitation, provided they do not exceed 40 days as of the first day of any calendar year.

(2) The appointing authority shall notify employees, in writing, of the total amount of their unliquidated vacation credits when such credits total the equivalent of 35 workdays.

(3) Employees designated by the appointing authority as performing work related to and essential for Year 2000 compliance efforts, shall be eligible to earn special vacation credits as follows:

(i) Eligible employees who have vacation credits in excess of 40 days on January 1, 2000, shall be eligible to retain such excess credits as special vacation. Additionally, all vacation credits which an eligible employee earns from January 1, 2000 through the end of the 13th pay period in fiscal year 2000-2001, shall be retained as special vacation, whenever such employee's vacation credits exceed 40 days.

(ii) Any absences during the period from January 1, 2000 through the end of the 13th pay period in fiscal year 2000-2001 which would be charged to vacation shall be charged against special vacation first, until such credits are exhausted.

(iii) Bonus days and additional vacation credit granted on vacation anniversary dates that occur between the first day of the 14th pay period in fiscal year 2000-2001 and December 31, 2000, shall be credited as special vacation.

(iv) Special vacation may not be accumulated in excess of 50 days and all special vacation accumulated and unused on January 1, 2002 shall be forfeited. Nothing provided herein shall increase the limits contained in Part 30 of this Title on the number of days of vacation which may be compensated at time of separation from State service.

(4) (i) An employee who, because of the events of September 11, 2001, is performing work in duty status that is directly related to activities associated with New York State's response to the World Trade Center disaster; or has vacation canceled or denied by the appointing authority; or is on approved paid leave to serve as an emergency volunteer; or is federally activated or activated by the Governor for military duty; during the period from September 11, 2001 until the end of the pay period that includes October 1, 2002; and, in addition to the foregoing, is identified by the appointing authority as having performed such activities for a period of time, prior to the date on which his or her vacation credits in excess of 40 days would be forfeited, which prevented the employee from liquidating such excess vacation credits, shall be eligible to earn and charge emergency vacation credits as follows: employees who have vacation credits in excess of 40 days on January 1, 2002, shall be eligible to retain such excess credits as emergency vacation. Additionally, all vacation credits which an eligible employee earned from January 1, 2002 through the last day of the pay period that includes October 1, 2002, shall be retained as emergency vacation, whenever such employee's vacation credits exceed 40 days. Any absences during the period from January 1, 2002 through the last day of the pay period that includes October 1, 2002 which would be charged to vacation shall be charged against emergency vacation first, until such credits are exhausted. Employees, except for individuals who gain coverage pursuant to subparagraph (ii) of this paragraph may charge vacation against any available vacation leave or emergency vacation leave credits at the employees' option, beginning with the pay period following the pay period that includes October 1, 2002. All emergency vacation accumulated by employees who do not gain coverage under subparagraph (ii) of this paragraph, which remains unused on October 1, 2003, shall be forfeited.

(ii) An employee who, because of the events of September 11, 2001, continues to be or is federally activated or activated by the Governor for military duty, and performs such service at any time during the 26 pay periods immediately following the pay period that includes October 1, 2002, and, in addition to the foregoing, is identified by the appointing authority as having performed such activities for a period of time, prior to the date on which his or her vacation credits in excess of 40 days would be forfeited, which prevented the employee from liquidating such excess vacation credits, shall be eligible to earn emergency vacation credits as follows: Commencing with the pay period immediately following the pay period that includes October 1, 2002, eligible employees who have vacation credits in excess of 40 days shall be eligible to retain such excess credits as emergency vacation. Additionally, all vacation credits which and eligible employee earns from the pay period immediately following the pay period that includes October 1, 2002, through the last day of the pay period that includes October 1, 2003, shall be retained as emergency vacation, whenever such employee's vacation credits exceed 40 days. Any absences of eligible employees commencing with the pay period immediately following the pay period that includes October 1, 2002 through the last day of the pay period that includes October 1, 2003, which would be charged to vacation shall be charged against emergency vacation first, until such credits are exhausted, and then against vacation. Beginning with the pay period following the pay period which includes October 1, 2003, an eligible employee may charge vacation against any available vacation leave or emergency vacation leave credits, at the employee's option. Eligible employees who have earned emergency vacation at any time beginning with the pay period immediately following the pay period that includes October 1, 2002, can retain and use all emergency vacation earned pursuant to this paragraph until October 1, 2004. All emergency vacation accumulated and unused on October 1, 2004 shall be forfeited.

(iii) Regardless of the year(s) in which emergency vacation is earned pursuant to this paragraph, emergency vacation may not be accumulated in excess of 50 days. Nothing provided herein shall increase the limits contained in Part 30 of this Title on the number of days of vacation which may be compensated at the time of separation from State service.

(f) Vacation credits may be used in such units of time as the appointing authority may approve, but the appointing authority shall not require that vacation credits be used in units of greater than one-quarter hour.

(g) The time at which vacation may be drawn by an employee shall be subject to the prior approval of the appointing authority.

(h) So far as practicable, vacation credits shall be used prior to appointment, promotion or transfer to another department, agency or institution. The department, agency or institution to which an employee is appointed, promoted or transferred shall credit such employee with all accumulated vacation credits not used prior to such appointment, promotion or transfer.

(i) An employee paid on an hourly or per diem basis who qualifies for coverage under this Chapter on the basis of nine months of continuous employment which began prior to January 3, 1957, the effective date of this Chapter, shall earn and accumulate vacation at the same rates as apply to annual salaried employees who were in service prior to such date. Other per diem and hourly paid employees shall earn and accumulate vacation at the same rates and subject to the same conditions as apply to annual salaried employees who enter State service on or after January 3, 1957; and, for the purpose of determining eligibility for additional vacation credits, each such employee shall be credited with all years of continuous service rendered from the beginning of the first nine months of service by which such employee qualified for coverage under this Chapter. Every per diem and hourly paid employee not otherwise allowed vacation under this Chapter because of anticipated eligibility shall, on the date on which such employee becomes subject to this Chapter, be credited with the number of days of vacation which the employee would have earned during the preceding nine months if such employee had been subject to this Chapter during such period, less the number of days of paid vacation which were granted to the employee during such nine-month period, except that no deduction shall be made for vacation drawn during such nine-month period which was earned prior thereto in accordance with an established departmental policy.

4 CRR-NY 28-1.3 Sick leave {#sec-4-crr-ny-28-1.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.3}

(a)

(1) Effective January 1, 1986, this section shall apply only to persons who were in State service on December 31, 1985, including persons on an authorized leave of absence on such date and to persons who were in State service prior to December 31, 1985, who prior to such date resigned, retired or who were otherwise separated from their positions who are reemployed or reinstated to State service on or after January 1, 1986, who have creditable State service prior to January 1, 1986, who are eligible for but decline to participate in the Income Protection Plan established pursuant to the provisions of Part 78 of this Title (President's Regulations) and any such persons who are not otherwise eligible to participate in said plan. For the purpose of this section, an employee has prior creditable service if such person is reemployed within one year of resignation, retirement or termination or is reinstated by the Civil Service Department or Commission or by court order or is reemployed from or while eligible to be reemployed from a preferred list.

(2) Sick leave is absence with pay necessitated by the illness or disability of an employee, including illness or disability caused by pregnancy or childbirth.

(b) Employees shall earn sick leave credits at the rate of one-half day per biweekly pay period and may accumulate such credits up to a total of 225 days. Effective January 1, 2000, up to 225 days of such credits may be used to pay for health insurance in retirement in accordance with section 167(4) of the Civil Service Law and provided, however, that an employee shall not earn sick leave credit for any biweekly pay period unless such employee is in full pay status for at least seven workdays during such biweekly pay period. A part-time employee who is required to work a fixed number of hours on a fixed schedule five days per week, or who is required to work at least half-time each biweekly pay period for a fixed number of hours on a fixed schedule, shall also earn sick leave credit as provided herein, but total pay when absent on such leave shall be the amount which would have been due had such employee worked regularly at his/her usual hours for such period.

(c) An employee absent on sick leave shall notify his/her supervisor of such absence and the reason therefor on the first day of such absence and within two hours after the beginning of the employee's workday; provided, however, that where the work is such that a substitute may be required, the appointing authority may require earlier notification, but not more than two hours prior to the beginning of the employee's workday. Sick leave credits may be used in such units as the appointing authority may approve, but the appointing authority shall not require that sick leave credits be used in units greater than one-quarter hour.

(d) Before absence for personal illness may be charged against accumulated sick leave credits, the appointing authority may require such proof of illness as may be satisfactory to it, or may require the employee to be examined, at the expense of the department or agency, by a physician designated by the appointing authority. In the event of failure to submit proof of illness upon request, or in the event that, upon such proof as is submitted or upon the report of medical examination, the appointing authority finds that there is not satisfactory evidence of illness sufficient to justify the employee's absence from the performance of his/her duties, such absence may be considered as unauthorized leave and shall not be charged against accumulated sick leave credits. Abuse of sick leave privileges shall be cause for disciplinary action.

(e) The appointing authority may require an employee who has been absent because of personal illness, prior to and as a condition of return to duty, to be examined, at the expense of the department or agency, by a physician designated by the appointing authority, to establish that such employee is not disabled from the performance of his/her normal duties and that the return to duty will not jeopardize the health of other employees.

(f) In addition to personal illness of the employee, the following types of absence, when approved by the appointing authority, may be charged against accumulated sick leave credits:

(1) illness or death in the employee's family; provided, however, that charge for such absence shall not exceed a maximum of 30 days in any one year;

(2) absence of an employee, certified by an examining physician as benefiting from the use of a service animal in performing major life activities, or who is registered with the New York State Commission for the Blind and Visually Handicapped as legally blind, or certified by an examining physician or licensed optometrist as legally blind, as manifested by visual acuity of 20/200 or less in the better eye with best correction or a visual field of 20 degrees or less, or who has a hearing impairment manifested by a speech discrimination score of 40 percent or less in the better ear with appropriate correction as certified by an examining physician or by a licensed audiologist or otorhinolaryngologist, for the purpose of obtaining a guide dog or service animal and required training related thereto; provided, however, that charge for such absence shall not exceed a maximum of 26 days in any one calendar year; and

(3) personal visits to doctor or dentist.

Proof of the need for such absences, satisfactory to the appointing authority, may be required.

(g) When an employee is transferred, such employee's accumulated sick leave credits shall also be transferred. When an employee is separated from service for other than disciplinary reasons and is subsequently reinstated or reemployed within one year after such separation, or is reinstated by action of the State Civil Service Commission, or is reinstated or reemployed while eligible for reinstatement from a preferred list, sick leave credits accumulated and unused at the time of separation shall be restored; provided, however, that such sick leave credits shall not be restored except where leave records satisfactory to the appointing authority and the Department of Civil Service are available.

(h) Every per diem and hourly paid employee not otherwise allowed sick leave under this Chapter because of anticipated eligibility shall, on the date on which such employee becomes subject to this Chapter, be credited with the number of days of sick leave which would have been earned during the preceding nine months if such employee had been subject to this Chapter during such period, less the number of days of sick leave with pay which were granted during such nine- month period, except that no deduction shall be made for sick leave drawn during such nine- month period which was earned prior thereto in accordance with an established departmental policy.

(i) This section shall not be construed to require extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation.

4 CRR-NY 28-1.4 Extended sick leave {#sec-4-crr-ny-28-1.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.4}

(a)

(1) Effective January 1, 1986, this section shall apply only to persons who were in State service on December 31, 1985, including persons on an authorized leave of absence on such date and to persons who were in State service prior to December 31, 1985, who prior to such date resigned, retired or who were otherwise separated from their positions who are reem ployed or reinstated to State service on or after January 1, 1986, who have creditable State service prior to January 1, 1986, who are eligible for but decline to participate in the Income Protection Plan established pursuant to the provisions of Part 78 of this Title (President's Regulations) and any such persons who are not otherwise eligible to participate in said plan. For the purpose of this section, an employee has prior creditable service if such person is reemployed within one year of resignation, retirement or termination or is reinstated by the Civil Service Department or Commission or by court order or is reemployed from or while eligible to be reemployed from a preferred list.

(2) The appointing authority may, in its discretion, advance sick leave credits to an employee absent due to personal illness who has exhausted accumulated sick leave, vacation and overtime credits. Such advanced sick leave credits shall be repaid, as soon as practicable after the employee's return to duty, from subsequent accumulations of time credits. The outstanding unrepaid sick leave credits advanced to any employee under the provisions of this subdivision shall not at any time exceed a total of five days.

(b) The appointing authority may in its discretion, upon written request from an employee certified by an examining physician as benefiting from the use of a service animal in performing major life activities, or who is registered with the New York State Commission for the Blind and Visually Handicapped as legally blind, or certified by an examining physician or licensed optometrist as legally blind, as manifested by visual acuity of 20/200 or less in the better eye with best correction or a visual field of 20 degrees or less, or who has a hearing impairment manifested by a speech discrimination score of 40 percent or less in the better ear with appropriate correction as certified by an examining physician or by a licensed audiologist or otorhinolaryngologist, advance up to 26 days of sick leave to such employee who is absent for the purpose of obtaining a guide dog or service animal and required training related thereto and who has exhausted accumulated leave credits, provided the cumulative total of sick leave credits charged and/or advanced for this purpose does not exceed 26 days in any one calendar year. Such advanced sick leave credits shall be repaid, as soon as practicable, after the employee's return to duty, from subsequent accumulations of time credits. The outstanding unrepaid sick leave credits advanced to an employee under the provisions of this subdivision shall not, at any time, exceed a total of 26 days.

(c) Upon termination of the employee's services, any such advance of sick leave not offset by subsequent accumulations of sick leave, vacation, personal leave, overtime, or other leave credits shall be deducted from salary or wages due the employee.

4 CRR-NY 28-1.5 Sick leave at half-pay {#sec-4-crr-ny-28-1.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.5}

(a) Effective January 1, 1986, this section shall apply only to persons who were in State service on or before December 31, 1985, and persons who are reemployed or reinstated to State service on or after January 1, 1986, with creditable State service as described in section 28-1.3(a)(1) of this Part for service performed prior to January 1, 1986, who are eligible for but decline to participate or who are not eligible to elect to participate, in the Income Protection Plan established pursuant to the provisions of Part 78 of this Title (President's Regulations) and to persons appointed on or after January 1, 1986, who are excluded from participating in said plan.

(b) The appointing authority may, in its discretion, grant sick leave at half-pay for personal illness to a permanent employee having not less than one year of service after all sick leave, vacation and overtime credits have been used; provided, however, that the cumulative total of all sick leave at half-pay hereafter granted to any employee during such employee's State service shall not exceed one pay period for each complete six months of such State service.

4 CRR-NY 28-1.6 Personal leave {#sec-4-crr-ny-28-1.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.6}

(a) Personal leave is leave with pay for personal business, including religious observance, without charge against accumulated vacation or overtime credits. Employees shall be entitled to personal leave, not exceeding a total of five days in a year, to be credited as follows:

(1) An employee credited with personal leave as provided under this section shall continue to be credited with five days' personal leave each year on the anniversary date of the date such employee was so credited.

(2) Any person who was separated or granted a leave of absence without pay from State service prior to the effective date of this Part and is hereafter reemployed or reinstated in State service, and any employee who enters State service after the effective date of this Part, shall be credited with five days' personal leave on the date of such reemployment, reinstatement or entry, as the case may be, and thereafter, except as herein otherwise provided, shall be credited with five days' personal leave each year on the anniversary of such date, and, for the purpose of crediting personal leave, a per diem or hourly paid employee shall be deemed to enter State service on the date on which such employee becomes subject to the application of this Chapter or the date employed if it is anticipated the employee will become subject to this Chapter.

(3) If an employee is separated from State service, or granted a leave of absence without pay from State service, subsequent to the effective date of this Part, and thereafter is reinstated or reemployed within one year following the last date upon which personal leave was credited, the unused personal leave standing to such employee's credit at the time of separation or leave of absence shall be restored and such employee shall retain the same anniversary date for the purposes of crediting personal leave thereafter under this section as that which was applicable to such employee prior to such separation or leave of absence.

(4) If an employee is separated from State service, or granted a leave of absence without pay from State service, subsequent to the effective date of this Part, and thereafter is reinstated or reemployed more than one year following the last date upon which personal leave was credited to the employee, such reinstatement or reemployment shall be deemed to be a new entry into State service for the purposes of crediting personal leave under this Part.

(5) If an employee is appointed, promoted or transferred to another department or agency, the unused personal leave standing to the credit of such an employee at the time of such appointment, promotion or transfer shall also be transferred, and the employee shall retain the same anniversary date for purposes of crediting personal leave as that which was applicable prior to such appointment, promotion or transfer.

(b) Personal leave shall not be cumulative, and any personal leave credit remaining unused by an employee on the date immediately preceding the anniversary date upon which such employee is entitled to receive new personal leave credits hereunder shall be cancelled. Unused personal leave shall not be liquidated in cash at the time of separation, retirement or death.

(d) Personal leave may be used in such units of time as the appointing authority may approve, but the appointing authority shall not require that personal leave be used in units greater than one-quarter hour.

(e) Personal leave may be used as vacation, subject to the prior approval of the appointing authority. The appointing authority may not require an employee to give a reason for the use of personal leave, except where such reason may be required for the use of vacation for the same absence.

(f) A part-time employee who is required to work a fixed number of hours on a fixed schedule five days per week, or who is required to work at least half-time each biweekly pay period for a fixed number of hours on a fixed schedule, shall also receive personal leave as provided herein, but total pay when absent on such leave shall be the amount which would have been due had such employee worked regularly at his/her usual hours for such period.

4 CRR-NY 28-1.7 Leave for extraordinary weather conditions and extraordinary circumstances {#sec-4-crr-ny-28-1.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.7}

(a) The appointing authority may, in its discretion, grant employees time off with pay charged to leave credits (other than sick leave) for absences necessitated by excessive heat or other extraordinary weather conditions.

(b) Employees who have reported for duty, and because of extraordinary circumstances or extraordinary weather conditions are directed to leave work, shall not be required to charge such directed, early departures to the leave credits.

(c) During a state of emergency declared by the Governor, employees directed by the Governor not to report for duty to official work stations within the specific geographic area covered by the emergency declaration shall not be required to charge such directed absences to their leave credits.

4 CRR-NY 28-1.8 Workers' compensation leave {#sec-4-crr-ny-28-1.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.8}

This section governs leave for employees necessarily absent from duty because of an injury or disease arising out of and in the course of State employment. Subdivisions (a) through (o) inclusive, govern leave for those whose injury or disease occurred before September 2, 1986, subdivisions (p) through (y) inclusive, govern leaves for those whose injury or disease occurred on or after September 1, 1986 and before September 1, 1994 and subdivisions (z) through (gg) inclusive, govern leaves for those whose injury or disease occurred on or after September 1, 1994.

(a)

(1) Except as otherwise provided in subdivisions (b) and (c) of this section, an employee necessarily absent from duty because of an injury or disease arising out of and in the course of State employment which occurred or was suffered before September 1, 1986 shall be allowed leave from his or her position in accordance with the provisions of subdivisions (a) through (o) of this section for the period during which the employee is unable to perform the duties of his or her position because of such injury or disease upon giving timely notice that such absence is the result of such injury or disease and that a claim has been or will be filed for benefits under the New York State Workers' Compensation Law. Such leave shall be permitted for all periods of absence resulting from such injury or disease, not to exceed a cumulative total of one year; provided, however, such leave may be continued for additional periods at the discretion of the appointing authority.

(3) No less than 30 days nor more than 60 days prior to the anticipated expiration of an employee's workers' compensation leave, or the effective date of a terminaiton of the leave by the employer pursuant to section 71 of the Civil Service Law upon a finding that the unfitness to perform the duties of the position is permanent where that determination does not arise from a hearing, the appointing authority shall provide the employee in writing with the notice specified in section 5.9(c)(2) of this Title. If for any reason less than 30 days would remain prior to the date of termination of leave, if that termination is not the result of a hearing, service of the notice shall be deemed to be a grant by the appointing authority of an extension of the leave to a date 30 days from the date of service of this notice.

(b) Controverted cases.

If the employee's claim for benefits under the Workers' Compensation Law is controverted by the State Insurance Fund at the request of the appointing authority or on its own initiative, the employee shall not be allowed workers' compensation leave. If final determination of the controverted claim is in favor of the employee, eligibility for leave shall be determined as provided in subdivisions (a) and (c) of this section for all absences necessitated by the occupational injury or disease.

Leave under subdivision (a) of this section may be withheld or terminated if:

(1) the appointing authority determines that the employee is permanently incapacitated;

(2) there is good and sufficient reason to believe that the employee's disability did not arise out of and in the course of employment with the State;

(3) there is good and sufficient reason to believe that the employee's disability is primarily due to some preexisting medical condition;

(4) there is good and sufficient reason to believe that the employee could report for work on a full-time or part-time basis;

(5) the employee has not upon request submitted satisfactory medical documentation of the claimed disability;

(6) the employee fails or refuses to submit to a medical examination conducted by a physician selected by the appointing authority and at the expense of the appointing authority; or

(7) the employee's services would have terminated or ceased under rule or law.

(d) Pay during leave.

An employee allowed leave from his/her position pursuant to subdivision (a) of this section shall receive pay during such leave for each separate injury or disease and regardless of the date of occurrence of such injury or disease, subject to the following provisos:

(1) For the first 10 working days of such leave in any one calendar year, but not exceeding 10 working days in any one continuous period of leave spanning successive calendar years, the employee shall charge such leave to accrued leave credits, if any, subject to the exceptions listed in subdivision (e) of this section; provided, however, that the cumulative total of leave credits so charged shall not exceed the number of hours normally and regularly worked by the employee in a biweekly pay period.

(2) During a period of leave under paragraph (1) of this subdivision, the appointing authority shall advance up to 10 days of sick leave credits to an employee eligible to accrue leave credits but who has exhausted all such leave accruals, unless such employee requests otherwise in writing (except where such 10-day period is waived pursuant to subdivision [e] of this section), and such advanced sick leave credits shall be repaid as soon as practicable from subsequent accumulations of leave credits in a manner to be determined by the appointing authority; provided, however, that the cumulative total of leave credits so advanced shall not exceed the number of hours normally and regularly worked by the employee in a biweekly pay period.

(3) Beginning with the 11th workday of such leave in each calendar year, the employee shall be granted compensation leave with pay without charge to leave credits, but not exceeding a cumulative total of 131 workdays for each injury or disease; provided, however, that the cumulative total of such leave with pay shall not exceed the number of hours normally and regularly worked by the employee in 13 biweekly pay periods of employment.

(4) Upon exhausting leave with pay benefits under paragraph (3) of this subdivision, the employee shall be allowed to draw accrued leave credits.

(5) Upon exhausting leave with full pay benefits under paragraphs (3) and (4) of this subdivision, the employee shall be allowed sick leave at half pay for which such employee may be eligible.

(e) Waiver of 10-day waiting period.

Notwithstanding the provisos set forth in subdivision (d) of this section, the following conditions will also apply:

(1) If the employee is required by a physician to be admitted as an inpatient to a hospital during the first 10 consecutive working days after the occurrence of an occupational injury or disease in any one calendar year, and otherwise qualifies for such leave pursuant to subdivisions (a) through (o) of this section, the employee shall not be required to charge leave credits for the first 10 days of such leave.

(2) If the employee is required to be absent for a period of 20 consecutive working days or more following the occurrence of an occupational injury or disease in any one calendar year, and otherwise qualifies for such leave pursuant to subdivisions (a) through (o) of this section, the employee shall not be required to charge leave credits for the first 10 days of such leave.

(3) Where an employee is required by the employer, the State Insurance Fund or Workers' Compensation Board to attend a medical examination or a hearing during the first 10 working days of such leave in any one calendar year, and otherwise qualifies for such leave pursuant to subdivisions (a) through (o) of this section, the employee shall not be required to charge leave credits for the time required, including reasonable travel time, for such medical exam or hearing during such 10 working days.

(4) Upon written application by an employee within 45 days of the occurrence of an occupational injury or disease, the head of a department or agency or his/her designee may, in his/her discretion, waive the requirement that an employee charge or repay, if advanced, the first 10 working days of such leave in any one calendar year to accrued leave credits. The decision of the head of a department or agency, or his/her designee, shall not be reviewable. For the purposes of this paragraph, occurrenceshall also be deemed to mean the commencement of an absence due to the reoccurrence in subsequent calendar years of an occupational injury or disease.

(f) Employee election to draw leave credits.

An employee allowed leave with pay under subdivisions (a) through (o) of this section may elect to draw accrued leave credits for part or all of such employee's absences from duty before being granted leave with pay under subdivision (d) of this section.

(g) Absences of less than a full day.

An employee who is necessarily absent from duty as described hereinabove may be granted compensation leave with pay, without charge against leave credits, for absences of less than a full day.

(h) Leave for hearings and medical examination.

An employee who is allowed leave with full pay as provided in subdivision (d) of this section shall be allowed such leave with pay when absent from duty for the purpose of attending a hearing scheduled by the Workers' Compensation Board or a board-ordered medical examination, or visiting a doctor for examination or treatment, subject to the proviso set forth in subdivision (d).

(i) Accrual of leave credits.

An employee who receives full pay for any period of leave under this section shall earn leave credits during such period.

(j) Holiday observance.

An employee on leave with pay without charge to leave credits under paragraph (d)(3) of this section, on days observed as holidays by the State as an employer, shall not be eligible to observe such days as paid holidays nor eligible for compensatory time off in lieu thereof.

(k) Reimbursement by employee.

If it is subsequently determined that an employee was not entitled to compensation leave with pay, without charge to leave credits, for any period for which such employee was granted such leave as provided hereinabove, the employee shall be required to make reimbursement for such paid leave from current or subsequent accumulations of leave credits at a rate and in a manner determined by the appointing authority.

(l) Restoration of leave credits.

An employee who draws leave credits or is allowed sick leave at half pay, as provided in subdivision (d) of this section, shall be entitled to restoration of such credits and such sick leave at half-pay eligibility, excluding leave credits charged pursuant to paragraph (d)(1) of this section or advanced pursuant to paragraph (d)(2), but including those used for absences of less than a full day, as are used during a period of absence for which an award of compensation has been made and credited to the State as reimbursement for wages paid. Credits so restored may not again be used for future absences attributable to the same injury or disease. In the event that the employee dies, resigns, retires or is terminated, cash payment for vacation and overtime credits, including any credits so restored, shall be made in accordance with applicable provisions. In any other case, an employee who returns to duty after absence on leave under this section shall have one year from the date of such return or restoration of credits to reduce his/her accrued leave credits, exclusive of personal leave, to the prescribed limits. Personal leave may not be restored as provided herein if the award of compensation is received more than 12 months following the personal leave anniversary date on which such personal leave was credited.

(m) Return to duty.

Upon request of the employee to report for duty from compensation leave, the appointing authority, if in doubt as to whether the employee is physically and mentally fit to perform the duties of the position, may require the employee to undergo medical examination, by a physician designated by the appointing authority, before the employee may be restored to duty pursuant to the procedures of section 5.9 of this Title.

(n) Medical examination.

In order to enable the appointing authority to make such determinations as are authorized or required under subdivisions (a) through (o) of this section, the appointing authority may require an employee at any time to be examined by a physician designated by the appointing authority.

(o) Construction.

The provisions of subdivisions (a) through (o) of this section shall not be construed to require extension of any employment beyond the time at which it would otherwise terminate or to require the granting of any leave benefits provided herein solely because of determinations made by the Workers' Compensation Board.

(p)

(1) Workers' compensation benefits for injuries or diseases suffered on or after September 1, 1986.

Except as otherwise provided in subdivisions (p) through (y) of this section, an employee necessarily absent from duty because of an injury or disease arising out of and in the course of State employment which occurred or was suffered on or after September 1, 1986 shall be allowed leave from his or her position in accordance with the provisions herein for the period during which the employee is unable to perform the duties of his or her position because of such injury or disease upon giving timely notice that such absence is the result of such injury or disease and that a claim has been or will be filed for benefits under the New York State Workers' Compensation Law. Such leave shall be permitted for all periods of absence resulting from such injury or disease, not to exceed a cumulative total of one year; provided, however, such leave may be continued for additional periods at the discretion of the appointing authority. Such leave may be denied or terminated if the appointing authority determines that the employee is permanently incapacitated or the employee's services would have otherwise been terminated or ceased under rule or law. No leave shall be allowed under subdivisions (p) through (y) of this section if the State Insurance Fund contests a claim filed by an employee, whether at the request of the appointing authority or on its own initiative, because it is alleged that such injury or disease did not occur on the job or the employee has not suffered any such injury or disease. If such claim is resolved in favor of the employee, eligibility for leave shall be determined as provided in this subdivision for all absences necessitated by the occupational injury or disease. In the event a person who has returned to work claims that he or she has suffered a reoccurrence of a previous injury or disease, which claim is then contested, such claim shall be deemed a new claim for the purpose of this subdivision unless resolved in favor of the employee.

(2) Upon granting workers' compensation leave pursuant to this subdivision, the appointing authority shall provide the employee in writing with the notice specified in section 5.9(b) of this Title, within the time prescribed by that rule.

(q) Compensation and pay benefits.

An employee on leave from his or her position pursuant to subdivision (p) of this section shall receive compensation or pay benefits during such leave for each separate injury or disease occurring on or after September 1, 1986 as hereinafter provided:

(1) During the period of absence for which payment is being made pursuant to Part 89 of this Title (president's regulations), an employee shall be deemed to be in full paid leave status.

(2) An employee who has been absent for less than one year and who has exhausted the supplemental benefit shall, while receiving benefits pursuant to the Workers' Compensation Law, be continued on the payroll at full pay until the employee's leave accruals, if any, have been exhausted, unless such employee requests that he or she not be so continued on the payroll, or if in such status, that such leave with pay be discontinued.

(3) An employee who has been absent for less than one year shall, upon exhausting all accrued leave credits and while receiving benefits pursuant to the Workers' Compensation Law be granted such sick leave at half-pay for which the employee is otherwise eligible.

(4) Nothing herein shall prevent the appointing authority from continuing an employee on leave with pay pursuant to paragraph (2) or (3) of this subdivision in excess of one year if the employee is otherwise eligible to be continued on such leave.

(r) Waiting periods.

(1) An employee who is absent for seven or fewer calendar days due to a single occupational injury or disease shall be permitted to charge such absence to accrued leave credits or shall be granted a leave without pay for such period of absence.

(2) An employee who is absent for more than seven but fewer than 15 calendar days for a single occupational injury or disease shall be permitted to charge such absence up to the eighth calendar day to leave credits or shall be granted a leave without pay for such period of absence. Leave credits used for days of absence commencing on the eighth calendar day shall be recredited upon return to work or upon receipt of payment pursuant to Part 89 of this Title, whichever occurs first.

(3) An employee who is absent for 15 or more calendar days for a single occupational injury or disease shall have any accrued leave credits used during any waiting period recredited upon return to work or upon receipt of payment pursuant to Part 89 of this Title, whichever occurs first.

(s) Advanced leave credits.

An employee eligible for benefits pursuant to the Workers' Compensation Law who has used all leave accruals to which he or she is entitled and is not yet receiving payments pursuant to said Part 89 of this Title shall be granted advanced leave at full pay upon request filed with the appointing authority on a form to be provided by the State in accordance with and subject to the terms and conditions set forth in Part 89 of this Title.

(t) Election to draw leave credits.

An employee allowed leave under subdivisions (p) through (y) of this section may elect to draw accrued leave credits for part or all of such employee's absences from duty before being granted the supplemental benefit pursuant to Part 89 of this Title.

(u) Accrual of leave credits.

An employee who receives a supplemental benefit pursuant to Part 89 of this Title for any period of leave pursuant to subdivisions (p) through (y) of this section shall earn leave credits during such period in accordance with this article.

(v) Holiday observance.

An employee on leave and receiving a supplemental payment pursuant to Part 89 of this Title in accordance with subdivision (q) of this section on days observed as holidays by the State as an employer shall not be eligible to observe such days as paid holidays, nor be eligible for compensatory time off in lieu thereof.

(w) Restoration of leave credits.

Notwithstanding any limitations on the accumulation of leave accruals to the contrary, an employee who uses his or her accrued leave credits or is granted sick leave at half-pay as provided in paragraphs (2) and (3) of subdivision (q) of this section shall be entitled to the restoration of such credits and such sick leave at half-pay eligibility as he or she may have used during any period of such absence for which an award of compensation has been made and credited to the State as reimbursement for wages paid. Leave credits so restored may not be used in the future for absences attributable to the same injury or disease. In the event that the employee dies, resigns, retires or is terminated, payment for vacation and overtime credits, including appropriate payments for any credits so restored, shall be made in accordance with the applicable provisions of law, rule or regulation. An employee shall have one year from the date of return to duty or restoration of credits, whichever is later, to reduce his or her accrued leave credits, exclusive of personal leave, to the maximum limits otherwise prescribed in these rules. Personal leave shall not be restored to any employee if the award of compensation is received more than 12 months following the personal leave anniversary date on which such personal leave would have been otherwise credited.

(x) Return to duty.

Upon request of the employee to report for duty following absence due to occupational injury or disease, and prior to the expiration of the maximum period of allowed leave, if the appointing authority is uncertain as to whether the employee is physically and mentally fit to perform the duties of his or her position, the employee shall be required to be examined by a physician designated by the appointing authority before being permitted to return to duty pursuant to the procedures of section 5.9 of this Title.

(y) Construction.

Nothing in subdivisions (p) through (x) of this section shall be construed to require extension of any employment beyond the time at which it would otherwise terminate or be terminated.

(z)

(1) Workers' compensation benefits for injuries or diseases suffered on or after September 1, 1994. Except as otherwise provided in subdivisions (z) through (gg) of this section, an employee necessarily absent from duty because of an injury or disease arising out of and in the course of State employment which occurred or was suffered on or after September 1, 1994 shall be allowed leave from his or her position in accordance with the provisions herein for the period during which the employee is unable to perform the duties of his or her position because of such injury or disease upon giving timely notice that such absence is the result of such injury or disease and that a claim has been or will be filed for benefits under the New York State Workers' Compensation Law. Such leave shall be permitted for all periods of absence resulting from such injury or disease, not to exceed a cumulative total of one year; provided, however, such leave may be continued for additional periods at the discretion of the appointing authority. Such leave may be denied or terminated if the appointing authority determines that the employee is permanently incapacitated or the employee's services would have otherwise been terminated or ceased under rule or law. No leave shall be allowed under subdivisions (z) through (gg) of this section if the State Insurance Fund controverts or contests a claim filed by an employee, whether at the request of the appointing authority or on its own initiative, because it is alleged that such injury or disease did not occur on the job or the employee has not suffered any such injury or disease. If such claim is resolved in favor of the employee, eligibility for leave shall be determined as provided in this subdivision for all absences necessitated by the occupational injury or disease. In the event a person who has returned to work claims that he or she has suffered a reoccurrence of a previous injury or disease, which claim is then contested, such claim shall be deemed a new claim for the purpose of this subdivision unless resolved in favor of the employee.

(aa) Benefits.

An employee on leave from his or her position pursuant to subdivision (z) of this section shall, for each separate injury or disease occurring on or after September 1, 1994, be placed on workers' compensation disability leave without pay for all absences and shall receive benefits pursuant to the Workers' Compensation Law.

(bb) Election to draw leave credits.

(1) An employee allowed leave under subdivisions (z) through (gg) of this section may elect to draw accrued leave credits for part or all of such employee's absences from duty.

(2) An employee allowed leave under subdivisions (z) through (gg) of this section and subject to section 28-1.5 of this Part, sick leave at half-pay, of these rules may elect to use any sick leave at half-pay to which that employee is entitled.

(3) An employee allowed leave under subdivisions (z) through (gg) of this section and subject to Subpart 28-2 of this Part, absence with pay for illness/disability for certain managerial/confidential employees, of these rules shall be allowed to apply for benefits under Part 78 of this Title, Income Protection Plan, of these rules to which he/she may be entitled.

(cc) Accrual of leave credits.

Notwithstanding any attendance rule to the contrary, and regardless of pay status, an employee absent in accordance with subdivision (aa) of this section shall earn leave credits for the first 12 cumulative months of such absence.

(dd) Holiday observance.

An employee on leave in accordance with subdivision (aa) of this section on days observed as holidays by the State as an employer, and who is not drawing against accrued leave credits pursuant to paragraph (bb)(1) of this section, shall not be eligible to observe such days as paid holidays nor be eligible for compensatory time off in lieu thereof.

(ee) Restoration of leave credits.

Notwithstanding any limitations on the accumulation of leave accruals to the contrary, an employee who uses his or her accrued leave credits or is granted sick leave at half-pay as provided in subdivision (bb) of this section or in connection with a contested or controverted claim which is subsequently resolved in the employee's favor by the Workers' Compensation Board shall be entitled to the restoration of such credits and such sick leave at half-pay eligibility proportional to the net monetary award credited to New York State by the Workers' Compensation Board or proportional to 60 percent of the employee's gross salary, whichever is greater, as he or she may have used during any period of such absence for which an award of compensation has been made and credited to the State as reimbursement for wages paid. Gross salary is defined as the employee's base annual salary rate plus inconvenience and location pay and geographic and shift differential pay to which the employee was entitled at the time of the accident. Leave credits so restored may not be used in the future for absences attributable to the same injury or disease. In the event that the employee dies, resigns, retires or is terminated, payment for vacation and overtime credits, including appropriate payments for any credits so restored, shall be made in accordance with the applicable provisions of law, rule or regulation. An employee shall have one year from the date of return to duty or restoration of credits, whichever is later, to reduce his or her accrued leave credits, exclusive of personal leave, to the maximum limits otherwise prescribed in these rules. Personal leave shall not be restored to any employee if the award of compensation is received more than 12 months following the personal leave anniversary date on which such personal leave would otherwise have been credited.

(ff) Return to duty.

(gg) Construction.

Nothing in subdivisions (z) through (gg) of this section shall be construed to require extension of any employment beyond the time at which it would otherwise terminate or be terminated.

4 CRR-NY 28-1.9 Leave for subpoenaed appearance and jury attendance {#sec-4-crr-ny-28-1.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.9}

4 CRR-NY 28-1.10 Leave for civil service examination {#sec-4-crr-ny-28-1.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.10}

(a) Employees shall be allowed leave with pay to take New York State civil service examinations for State positions at the appropriate center, provided that due notice is given by the employee to the appointing authority. Leave shall be allowed for written, oral, physical and performance tests and for interviews from eligible lists, or for transfers providing the employee has not initiated the interview.

(b) Employees whose work shifts end less than eight hours prior to the starting time of an examination may, at the discretion of the appointing authority, be allowed leave with pay for part or all of such shifts.

4 CRR-NY 28-1.11 Leave for quarantine {#sec-4-crr-ny-28-1.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.11}

If an employee who is not personally ill is required to remain absent because of quarantine, and presents a written statement of the attending physician or local health officer proving the necessity of such absence, such employee shall be granted leave with pay for the period of the required absence, without charge against leave credits. Prior to return to duty, such employee may be required to submit a written statement, from the local health officer having jurisdiction, that return to duty will not jeopardize the health of other employees.

4 CRR-NY 28-1.12 Leaves required by law {#sec-4-crr-ny-28-1.12 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.12}

The appointing authority shall grant any leave of absence, with pay, required by law.

4 CRR-NY 28-1.13 Leave for civil defense duties {#sec-4-crr-ny-28-1.13 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.13}

Upon certification by the State Director of Civil Defense of the necessity for the participation in State or local civil defense drills of an employee enrolled as a civil defense volunteer and required to perform civil defense duties pursuant to the New York State Defense Emergency Act, the appointing authority may allow such employee to be absent, without loss of pay or charge against leave credits, for such time as is necessary for participation in such drills, but not exceeding cumulatively five workdays per calendar year.

4 CRR-NY 28-1.14 Leave for professional meetings {#sec-4-crr-ny-28-1.14 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.14}

Subject to prior approval by the appointing authority, each employee may be allowed time off without charge to leave credits to attend conferences or seminars of recognized professional organizations, such conferences or seminars to be directly related to the employee's profession or professional duties. Requests for such leave may be approved to the extent that such absence would not interfere with the proper conduct of governmental functions.

4 CRR-NY 28-1.15 Leave for professional examination {#sec-4-crr-ny-28-1.15 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.15}

(a) Upon proper advance notice, an employee may be allowed leave with pay without charge to leave credits for the purpose of participating in one professional examination each year in such employee's discipline. In the event such examination is administered in several parts, the several parts shall be considered a single examination. Absence required for travel shall be charged to appropriate leave credits.

(b) If an employee is scheduled to work on a shift which ends within eight hours of commencement of such professional examination, the appointing authority may adjust the employee's work schedule or allow leave with pay charged to appropriate leave credits for part or all of such work shift.

4 CRR-NY 28-1.16 Retroactive time credits {#sec-4-crr-ny-28-1.16 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.16}

Except for the provisions of sections 28-1.2(i) and 28-1.3(h) of this Subpart, granting vacation and sick leave credits for the nine months'service preceding the date on which an employee becomes subject to this Chapter, nothing herein contained shall be construed to provide for the granting of retroactive vacation, sick leave or other time credits to any per diem or hourly paid employee for service rendered prior to August 14, 1958.

4 CRR-NY 28-1.17 Supplemental military leave {#sec-4-crr-ny-28-1.17 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.17}

(a) Supplemental military leave with pay.

Upon exhaustion of military leave with pay provided pursuant to section 242 of the New York State Military Law, an employee who has been federally ordered, or ordered by the Governor, to active military duty (other than for training) related to the war on terror, on or after September 11, 2001, shall be granted supplemental military leave with pay for a period or periods not exceeding a total of 30 calendar days or 22 working days, whichever is greater. Provided, however, that in no event shall such supplemental military leave be granted for military service performed before September 11, 2001, or after December 31, 2025; nor shall more than one such grant of supplemental military leave be credited to any employee during the period from September 11, 2001 through December 31, 2025. Notwithstanding any involuntary change in employment status after being ordered to active duty, except termination for cause, such employee shall be deemed to be on leave of absence from the State service, for the purposes of entitlement to this benefit.

(b) Leave at reduced pay.

An employee eligible for supplemental military leave pursuant to subdivision (a) of this section, who has exhausted such leave, and has had applied to his or her benefit other available leave credits, if he or she had previously elected use of such credits, shall be eligible for leave at reduced pay upon being federally activated or activated by the Governor for military service in response to the war on terror. Notwithstanding any involuntary change in employment status after being ordered to such duty, except termination for cause, such person shall be deemed to be on leave of absence from the State service, for purposes of entitlement to such benefit, until discharge or release from such duty. Provided, however, that in no case shall this benefit be provided after December 31, 2025.

Employees are eligible for a grant of training leave at reduced pay in calendar year 2025 following:

(1) any active military service in calendar year 2025 that is related to the war on terror; and

(2) exhaustion of their calendar year 2025 military leave entitlement under section 242 of the New York State Military Law and any leave credits (other than sick leave) that they elect to use.

(d) Rates of pay for leave at reduced pay and training leave at reduced pay used in calendar year 2025 shall be calculated in the following manner:

(ii) Employees whose first use of leave at reduced pay or training leave at reduced pay occurs between January 2, 2025, and December 31, 2025 shall have the calculation of reduced pay for either leave category based upon their State salary (defined as base pay plus location pay plus geographic differential) as of their last full day in full pay status prior to the first use of training leave at reduced pay or leave at reduced pay after January 1, 2024, reduced by the military pay rate (defined as base pay plus housing and food allowances) used in calculating the most recent period of leave at reduced pay or training leave at reduced pay, prior to January 1, 2025.

(2) For employees who have not utilized leave at reduced pay or training leave at reduced pay prior to January 1, 2025, the rate of reduced pay for the first use of either category of leave between January 1, 2025 and December 31, 2025 shall be calculated as follows: the rate of reduced pay shall be based upon State salary (defined as base pay plus location pay plus geographic differential) as of the last day in full pay status prior to the first use of leave at reduced pay or training leave at reduced pay, reduced by any military pay (defined as base pay plus housing and food allowances) received from the United States government or New York State as of the first day in leave at reduced pay or training leave at reduced pay status.

(1) earn bi-weekly vacation and sick leave accruals for any period in which they are not in full pay status for at least 7 out of 10 days; or

(2) receive credit for holidays that fall during a period on which they are on leave at reduced pay or training leave at reduced pay.

(f) In no event shall leave at reduced pay or training leave at reduced pay be granted for military service performed after December 31, 2024. The provisions of this section shall not apply to those employees who have voluntarily separated from State service or who are terminated for cause.

4 CRR-NY 28-1.18 Exhaustion of military leave with pay {#sec-4-crr-ny-28-1.18 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.18}

4 CRR-NY 28-1.19 Paid Parental Leave {#sec-4-crr-ny-28-1.19 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-1.19}

(a) Employees shall be granted up to twelve weeks of paid leave without charge to accruals for each qualifying event, defined as the birth of a child or placement of a child for adoption or foster care. Paid parental leave begins on the date of birth, the day of adoption or foster care placement or anytime thereafter within seven months. An employee’s eligibility to use paid parental leave ends seven months from the date of the qualifying event.

(b) Paid parental leave is available for use once every twelve-month period.

(d) Paid parental leave must be taken in a single block of time and cannot be used intermittently. If an employee returns to work after using less than the full twelve week grant of paid parental leave, the employee can no longer use any paid parental leave for the same or another qualifying event within the same twelve month period, as computed from the date of the original qualifying event.

Subpart 28-2 ABSENCE WITH PAY FOR ILLNESS/DISABILITY FOR CERTAIN MANAGERIAL/CONFIDENTIAL EMPLOYEES

4 CRR-NY 28-2.1 Sick leave {#sec-4-crr-ny-28-2.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-2.1}

(a) Effective January 1, 1986, this section shall apply to all appointees not subject to the provisions of section 28-1.3 of this Part.

(b) Sick leave is absence with pay necessitated by the illness or disability of the employee, including illness or disability caused by pregnancy or childbirth.

(c) Employees who are on the payroll on the date on which sick leave credits are otherwise to be granted shall be entitled to eight days of sick leave credits for each 12 months of service up to a total of 200 days. Effective January 1, 2000, up to 200 days of such credits may be used to pay for health insurance in retirement in accordance with section 167(4) of the Civil Service Law. Such sick leave shall be credited as follows:

(1) Four days of sick leave credits upon completion of six months of State service and four days of such credits following completion of each six additional months of State service; provided, however, that any eligible employee electing to participate in the Income Protection Plan pursuant to Part 78 of this Title (President's Regulations) shall immediately receive four days of such sick leave credit on the effective date of such election.

(2) Part-time employees shall be granted sick leave credits not to exceed four days following completion of each six months of State service which credits shall be prorated based on the percentage of full-time service such employee is scheduled to work on each sick leave grant date.

(3) Employees who are not in pay status on a date on which such sick leave would otherwise be credited, shall be entitled to receive such sick leave credit on the date they return to pay status and the date on which such sick leave credits are to be thereafter credited shall be revised accordingly.

(d) An employee absent on sick leave shall notify the appropriate supervisor of such absence and the reason therefor on the first day of such absence and within two hours after the beginning of the employee's workday; provided, however, that where the work is such that a substitute may be required, the appointing authority may require earlier notification, but not more than two hours prior to the beginning of the employee's workday. Sick leave credits may be used in such units as the appointing authority may approve, but the appointing authority shall not require that sick leave credits be used in units greater than one-quarter hour.

(e) Before absence for personal illness may be charged against accumulated sick leave credits, the appointing authority may require such proof of illness as may be satisfactory to it, or may require the employee to be examined, at the expense of the department or agency, by a physician designated by the appointing authority. In the event of failure to submit proof of illness upon request, or in the event that, upon such proof as is submitted or upon the report of medical examination, the appointing authority finds that there is not satisfactory evidence of illness sufficient to justify the employee's absence from the performance of his/her duties, such absence may be considered as unauthorized leave and shall not be charged against accumulated sick leave credits. Abuse of sick leave privileges shall be cause for disciplinary action.

(f) The appointing authority may require an employee who has been absent because of personal illness, prior to and as a condition of return to duty, to be examined, at the expense of the department or agency, by a physician designated by the appointing authority, to establish that such employee is not disabled from the performance of his/her normal duties and that the return to duty will not jeopardize the health of other employees.

(g) In addition to personal illness of the employee, the following types of absence when approved by the appointing authority, may be charged against accumulated sick leave credits: illness or death in the employee's family, provided, however, that charge for such absence shall not exceed a maximum of 15 days in any one year; absence of an employee certified by an examining physician as benefiting from the use of a service animal in performing major life activities, or who is registered with the New York State Commission for the Blind and Visually Handicapped as legally blind, or certified by an examining physician or licensed optometrist as legally blind, as manifested by visual acuity of 20/200 or less in the better eye with best correction or a visual field of 20 degrees or less, or who has a hearing impairment manifested by a speech discrimination score of 40 percent or less in the better ear with appropriate correction as certified by an examining physician or by a licensed audiologist or otorhinolaryngologist, for the purpose of obtaining a guide dog or service animal and required training related thereto; provided, however, that charge for such absence shall not exceed a maximum of 26 days in any one calendar year; and personal visits to a doctor or dentist. Proof of the need for such absence, satisfactory to the appointing authority, may be required.

(h) When an employee is transferred, such employee's accumulated sick leave credits shall also be transferred. When an employee is separated from service for other than disciplinary reasons and is subsequently reinstated or reemployed within one year after such separation, or is reinstated by action of the State Civil Service Commission, or is reinstated or reemployed while eligible for reinstatement from a preferred list, sick leave credits accumulated and unused at the time of separation shall be restored; provided, however, that such sick leave credits shall not be restored except where leave records satisfactory to the appointing authority and the Department of Civil Service are available.

(i) Every per diem and hourly paid employee employed on a full-time basis appointed on or after January 1, 1986, with no creditable State service prior to such date as defined in section 28-1.3(a)(1) of this Part shall, on the date such employee becomes subject to these rules, be granted four days of sick leave credits and that date shall become one of the employee's sick leave grant dates; provided, however, a per diem or hourly paid employee initially appointed on or after January 1, 1986, who is given anticipated eligibility shall be granted sick leave in accordance with subdivision (c) of this section.

(j) Every per diem and hourly paid employee employed on a part-time basis appointed on or after January 1, 1986, with no creditable State service prior to such date as defined in section 28-1.3(a)(1) of this Part shall, on the date such employee becomes subject to these rules, be granted sick leave credits not to exceed four days, which credits shall be prorated based on the percentage of full-time service such employee is scheduled to work on the grant date, and that date shall become one of the employee's sick leave grant dates; provided, however, a per diem or hourly paid employee initially appointed on or after January 1, 1986, who is given anticipated eligibility shall be granted sick leave in accordance with subdivision (c) of this section.

4 CRR-NY 28-2.2 Extended sick leave {#sec-4-crr-ny-28-2.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-2.2}

(a) This subdivision shall apply to persons appointed prior to January 1, 1986 provided they elected to participate in the State's Income Protection Plan, and to persons appointed on or after January 1, 1986 with no creditable State service prior to such date who were either required to participate in the State's Income Protection Plan or were ineligible to participate in the State's Income Protection Plan. The appointing authority may, in its discretion, upon written request from an employee certified by an examining physician as benefiting from the use of a service animal in performing major life activities, or who is registered with the New York State Commission for the Blind and Visually Handicapped as legally blind, or certified by an examining physician or licensed optometrist as legally blind, as manifested by visual acuity of 20/200 or less in the better eye with best correction or a visual field of 20 degrees or less, or who has a hearing impairment manifested by a speech discrimination score of 40 percent or less in the better ear with appropriate correction as certified by an examining physician or by a licensed audiologist or otorhinolaryngologist, advance up to 26 days of sick leave to such employee who is absent for the purpose of obtaining a guide dog or service animal and required training related thereto, and who has exhausted accumulated leave credits, provided the cumulative total sick leave credits charged and/or advanced for this purpose does not exceed 26 days in any one calendar year. Such advanced sick leave credits shall be repaid, as soon as practicable after the employee's return to duty, from subsequent accumulations of time credits. The outstanding unrepaid sick leave credits advanced to an employee under the provisions of this subdivision shall not at any time exceed a total of 26 days.

(b) This section shall apply only to employees appointed on or after January 1, 1986 and ineligible to participate in the Income Protection Plan pursuant to the provisions of Part 78 of this Title (President's Regulations). The appointing authority may, in its discretion, advance sick leave credits for an absence due to personal illness, provided such employee has exhausted accumulated sick leave, vacation and overtime credits. Such advanced sick leave credits shall be repaid, as soon as practicable after the employee's return to duty, from subsequent accumulations of time credits. The outstanding unrepaid sick leave credits advanced to any employee under the provisions of this subdivision shall not at any time exceed a total of four days.

(c) Upon termination of an employee advanced sick leave pursuant to this Part, any such advanced sick leave not offset by subsequent accumulations of sick leave, vacation, personal leave, overtime, or other leave credits shall be deducted from salary or wages due the employee.

Subpart 28-3 ABSENCE WITH PAY FOR ILLNESS OF CERTAIN MANAGERIAL/CONFIDENTIAL EMPLOYEES CHARGED TO DONATED LEAVE CREDITS

4 CRR-NY 28-3.1 Applicability {#sec-4-crr-ny-28-3.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-3.1}

This Subpart governs the transfer of vacation credits to eligible employees, as defined herein, for use for absences in connection with an illness or disability which did not arise in connection with such individual's employment.

4 CRR-NY 28-3.2 Eligibility to receive donated credits {#sec-4-crr-ny-28-3.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-3.2}

In order to be eligible to receive donated credits an employee must be subject to this Part and eligible to earn leave accruals, must be absent due to a nonoccupational personal illness or disability for which medical documentation satisfactory to management is submitted as required, must have exhausted all leave credits and must be expected to be absent for at least two biweekly payroll periods following exhaustion of leave credits or sick leave at half-pay. The employee must not have had any disciplinary actions or unsatisfactory performance evaluations within his/her last three years of State employment.

4 CRR-NY 28-3.3 Use of donated leave credits {#sec-4-crr-ny-28-3.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-3.3}

(a) For employees subject to the sick leave provisions of Subpart 28-1 of this Part, donated credits may be used at employee option either in full day units following exhaustion of all available leave credits and prior to any sick leave at half-pay available to the employee pursuant to section 28-1.5 of this Part or in either full-day or half-day units following exhaustion of all available leave credits and any sick leave at half-pay available to the employee pursuant to section 28-1.5 of this Part.

(b) For employees subject to Subpart 28-2 of this Part, donated credits may be used in full-day units after all available leave credits are exhausted and prior to receipt of any disability benefits available to the employee pursuant to that Subpart.

4 CRR-NY 28-3.4 Eligibility to earn accruals {#sec-4-crr-ny-28-3.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-3.4}

Employees absent while charging donated leave credits pursuant to this Subpart shall not earn vacation and sick leave, shall not be granted personal leave and shall not be eligible to observe holidays. Absences charged to donated leave credits shall be treated as leave without pay for purposes of calculating vacation and personal leave anniversary dates.

4 CRR-NY 28-3.5 Medical documentation {#sec-4-crr-ny-28-3.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-3.5}

Before absence for personal illness may be charged against donated leave credits, the appointing authority may require such proof of illness as may be satisfactory to it, or may require the employee to be examined, at the expense of the department or agency, by a physician designated by the appointing authority. In the event of failure to submit proof of illness upon request, or in the event that, upon such proof as is submitted or upon the report of medical examination, the appointing authority finds that there is not satisfactory evidence of illness sufficient to justify the employee's absence from the performance of his/her duties, such absence may be considered as unauthorized leave and shall not be charged against donated leave credits. Abuse of leave privileges shall be cause for disciplinary action.

4 CRR-NY 28-3.6 Return to work {#sec-4-crr-ny-28-3.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-3.6}

The appointing authority may require an employee who has been absent because of personal illness charged to donated leave credits, prior to and as a condition of return to duty, to be examined, at the expense of the department or agency, by a physician designated by the appointing authority, to establish that such employee is not disabled from the performance of his/her normal duties and that the return to duty will not jeopardize the health of other employees.

4 CRR-NY 28-3.7 Donation of credits {#sec-4-crr-ny-28-3.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-3.7}

(a) Vacation credits may be donated by employees who are subject to this Article and are employed in the same agency as the intended recipient employee. Where an agreement exists between the State and an employee organization, recognized or certified pursuant to article 14 of the Civil Service Law to represent a bargaining unit of State employees, which permits leave donations between employees of different agencies, the employees subject to this section may donate leave credits to employees eligible to receive donated leave credits who are employed by an agency other than the agency of the donor employee to the extent provided by such agreement.

(b) Limits on donation of credits.

Such donations shall not cause the donor employee to have fewer than 10 days of vacation standing to his/her credit upon making such donation. Employees may not donate vacation credits which would otherwise be forfeited.

Donated leave credits unused and standing to the recipient employee's credit at time of return to work or separation from State service shall be returned to the employees who donated those unused credits, except that credits donated to an employee employed in an agency other than that of the donor employee will not be returned.

4 CRR-NY 28-3.8 Donation exchange agreements {#sec-4-crr-ny-28-3.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-3.8}

During the effective period of an applicable donation exchange agreement between the Governor's Office of Employee Relations and an employee organization, recognized or certified pursuant to article 14 of the Civil Service Law to represent a bargaining unit of State employees, providing for donation of vacation credits, pursuant to an authorized leave donation program, to and from employees subject to this Subpart and employees subject to the leave donation program for that bargaining unit, such vacation credits may be donated by an employee who is subject to this Subpart to the benefit of an employee within the bargaining unit so represented, or received by an employee subject to this Subpart from an employee within such bargaining unit. Such vacation credits shall be donated, transferred and utilized in accord with the applicable donation exchange agreement and this Subpart or any such bargained program as applicable. Any donation exchange agreement shall be effective upon filing with the President of the Civil Service Commission and shall terminate 10 days after notice in writing by either party is served upon the president and the other party to the agreement.

4 CRR-NY 28-3.9 Construction {#sec-4-crr-ny-28-3.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 28-3.9}

This Subpart shall not be construed to require extension of any employment beyond the time it would otherwise terminate by operation of law, rule or regulation.

Part 29 LEAVES WITHOUT PAY

4 CRR-NY 29.1 Leave of absence; duration {#sec-4-crr-ny-29.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 29.1}

(a) A permanent employee, or an employee holding a position by permanent or temporary appointment who requests leave because of pregnancy or childbirth, may, in the discretion of the appointing authority, be granted a leave of absence, without pay, for a period not exceeding two years. Such leave may be extended beyond two years, for periods aggregating not in excess of an additional two years, only with the approval of the Civil Service Commission. In an exceptional case, a further extension may be permitted by the commission for good cause shown and where the interests of the government would be served. For the purposes of this Part, time spent in active service in the military forces of the United States or of the State of New York shall not be considered in computing the period of leave.

(b) This section shall not be construed to require the extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation.

4 CRR-NY 29.2 Successive leaves of absence {#sec-4-crr-ny-29.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 29.2}

Where a leave of absence without pay has been granted for a period which aggregates two years, or more if extended pursuant to section 29.1 of this Part, a further leave of absence without pay shall not be granted unless the employee returns to his/her position and serves continuously therein for six months immediately preceding the subsequent leave of absence.

Part 30 DRAWING OF EARNED CREDITS UPON SEPARATION OR ENTRY INTO ARMED FORCES

4 CRR-NY 30.1 Payment for accruals upon separation {#sec-4-crr-ny-30.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 30.1}

At the time of separation from State service, an employee, such employee's estate or beneficiary, as the case may be, shall be compensated in cash for overtime credits not in excess of 30 days accrued and unused as of the effective date of separation; and further, except where provision is made for the transfer of leave credits, the employee shall be compensated in cash for vacation credits not in excess of 30 days accrued and unused as of the effective date of separation, except that in the case of resignation, the appointing authority may require, as a condition for such payment, that written notice of such resignation be given to the appointing authority at least two weeks prior to the last day of work. No employee who is removed from State service as a result of disciplinary action, or who resigns after charges of incompetency or misconduct have been served, shall be entitled to compensation for vacation credits under the provisions of this Part.

4 CRR-NY 30.2 Payment for accruals upon entry into Armed Forces {#sec-4-crr-ny-30.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 30.2}

An employee on leave on account of entry into the Armed Forces of the United States for active duty (other than for training), as defined by title 10 of the United States Code, may elect to receive compensation in cash for vacation and overtime credits not in excess of 30 days in each category accrued and unused as of the last date on which such employee's name appeared on the State payroll.

4 CRR-NY 30.3 Payment for overtime accruals upon appointment, promotion or transfer {#sec-4-crr-ny-30.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 30.3}

An employee who is appointed, promoted or transferred from one department or agency to another shall be compensated in cash by the department or agency from which such employee is so appointed, promoted or transferred for such overtime credits, up to 30 days, as cannot be liquidated by compensatory time off prior to such appointment, promotion or transfer. An employee who is appointed, promoted or transferred from one unit or institution to another within the same department or agency in the Office of Mental Health, the Office of Mental Retardation and Developmental Disabilities, the Department of Health, the Department of Correctional Services, or the Division for Youth, or within the State University, shall not be compensated in cash for overtime but such credits shall be transferred to the new unit or institution with the employee.

4 CRR-NY 30.4 [Repealed] {#sec-4-crr-ny-30.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 30.4}

Part 31 CREDITING OTHER PUBLIC EMPLOYMENT AS STATE SERVICE

4 CRR-NY 31.1 Written agreement required for transfer of leave credits {#sec-4-crr-ny-31.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 31.1}

For the purpose of applying the provisions of this Chapter, employment in the Executive, Legislative or Judicial branch of State service in positions not subject to this Chapter shall be credited as State service; provided, however, that except as otherwise provided by law, leave credits may not be transferred upon movement from such positions to positions subject to this Chapter except where such credits were earned and accumulated in accordance with attendance and leave regulations which are substantially equivalent to this Chapter, and there is a written agreement between the President of the Civil Service Commission and the agency wherein such credits were earned and accumulated governing the transfer of leave credits upon such movements. Other public employment not subject to this Chapter may be credited as State service for purposes of this Chapter, provided such employment was subject to attendance and leave regulations substantially equivalent to this Chapter, and provided there is a written agreement between the President of the Civil Service Commission and the public agency wherein such employment occurred governing the crediting of such employment as State service and the transfer of leave credits upon movement of employees to and from such agency and positions subject to this Chapter.

Part 32 SUSPENSION OF RULES

4 CRR-NY 32.1 Suspension of rules {#sec-4-crr-ny-32.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 32.1}

Part 33 APPLICABILITY

4 CRR-NY 33.1 To whom rules apply {#sec-4-crr-ny-33.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 33.1}

Except as otherwise expressly provided in any rule or rules, this Article shall apply to the following employees, designated as managerial/confidential under section 201, article 14 of the Civil Service Law, who are in the classified service in departments, agencies and institutions in the Executive branch of the State service:

(a) All such employees who are compensated on an annual salary basis.

(b) All such employees compensated on a per diem or hourly basis who are employed on a regularly scheduled workweek of at least 3 3/4 hours per day and five days per week, or who are employed on a regularly scheduled workweek and required to work at least half-time each biweekly pay period, and who have been so employed continuously for nine months without a break in service exceeding one full pay period. Any such person who has completed such nine months of service on or before the effective date of this section shall become subject to this Chapter commencing on the effective date of this section; or, if such person is not in employment status on the effective date of this section, he/she shall be subject to this Chapter commencing on the first day of the payroll period following reinstatement pursuant to law or rules, or on the first day of the payroll period following such reemployment, provided such reemployment occurs within one year after such person's last separation from State service. Any such employee who completes such nine months of service subsequent to the effective date of this section shall become subject to this Chapter commencing on the first day of the payroll period following completion of such service. Such employees shall thereafter continue to be subject to this Chapter as long as such employment continues without a break in service of more than one year.

(c) All such employees compensated on a per diem or hourly basis who are expected by the appointing authority to be employed continuously for nine months as described in this section shall, effective at the beginning of such employment, observe holidays, earn and accumulate vacation and sick leave, and receive personal leave in the same manner and subject to the same limitations and restrictions as would apply if they were compensated on an annual salary basis.

4 CRR-NY 33.2 Exceptions {#sec-4-crr-ny-33.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 33.2}

(a) The provisions of this Chapter authorizing the earning and accumulation of vacation credits and entitlement to personal leave shall not apply to employees whose employment is temporary and limited to all or parts of the months of June, July, August and September and who are designated as summer employees or summer replacements.

(b) This Chapter shall not apply to employees of the Department of Taxation and Finance who are employed in surrogates' offices pursuant to section 249-dd of the Tax Law.

Chapter III PERFORMANCE RATING RULES

Part 35 ADMINISTRATION OF PERFORMANCE RATING

4 CRR-NY 35.1 Definition of terms {#sec-4-crr-ny-35.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 35.1}

(a) The term performance rating shall mean an annual summary judgment of the value of an employee's performance and conduct prepared by his supervisors for the purpose of determining the employee's eligibility for salary increment and promotion. Such summary judgment shall be recorded only as “satisfactory” or “unsatisfactory”.

(b) The term appraisal shall mean a continuing evaluation of an employee's performance, conduct, skills and abilities for the purpose of facilitating the employee's development and the most effective utilization of his abilities.

4 CRR-NY 35.2 Applicability {#sec-4-crr-ny-35.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 35.2}

(a) The provisions of this Part shall apply to all employees in the executive branch of the State service holding positions in the competitive class, or positions in the noncompetitive or labor classes which are allocated to salary grades.

(b) The provisions of this Part concerning appeal from performance ratings are not applicable to probationary employees.

4 CRR-NY 35.3 Powers and duties of the Civil Service Commission {#sec-4-crr-ny-35.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 35.3}

The Civil Service Commission shall:

(a) have discretion to exempt an agency from these rules, during a prescribed period, provided there exists in the agency a performance rating plan approved by the commission, and provided further that for purposes of determining eligibility for promotion and salary increments under any such performance rating plan only the ratings “satisfactory” and “unsatisfactory” shall be used;

(b) consider and determine appeals from employees whose performance was rated as unsatisfactory and modify such ratings if appropriate;

(c) conduct or designate representatives to conduct investigations of any matters pertaining to the performance rating program in any agency.

4 CRR-NY 35.4 Powers and duties of the Department of Civil Service {#sec-4-crr-ny-35.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 35.4}

The Department of Civil Service shall:

(a) prescribe or approve the rating period and the manner, form and time at which performance ratings shall be submitted;

(b) prescribe or approve the manner, form and frequency of employee appraisals;

(d) refuse to accept the performance ratings of any agency where the performance of employees has not been properly evaluated, or where reports of unsatisfactory performance or attendance are inadequate;

(e) review and report to the commission concerning the operation of performance rating programs which have been exempted from these rules;

(f) refuse to approve the promotion of an employee whose performance is rated as unsatisfactory;

(g) direct the correction of any manifest errors made in reporting performance ratings or in the crediting of such ratings.

4 CRR-NY 35.5 Powers and duties of the agency {#sec-4-crr-ny-35.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 35.5}

(a) For purposes of increment and promotion eligibility:

(1) Each agency shall rate, in the manner or form prescribed or approved, the performance of each employee who will have completed three months' continuous service as of the last day of the rating period.

(2) Each employee shall, so far as reasonably possible, be rated by the person or persons who supervised his work or who was responsible for the supervision of his work during the rating period. However, no employee shall be rated by a provisionally-promoted supervisor with whom he may compete in a promotion examination. The rating shall be reviewed by one or more successive levels of supervision. In the event of a difference of opinion as to the rating of an employee, a final determination shall be made by the agency head or by a person so designated by that agency head.

(3) Except where an unsatisfactory rating is appealed to the Civil Service Commission, the agency head is empowered to make the final rating of any employee of his agency.

(4) Each agency shall notify each of its employees of his satisfactory or unsatisfactory performance rating, provide the employee an opportunity to review his rating with his supervisor, and give to each employee whose performance is rated as unsatisfactory a copy of his rating.

(5) Each agency shall withhold the salary increment of any employee whose performance is rated as unsatisfactory.

(6) Each agency shall insure so far as practicable that rating standards are applied uniformly within the agency.

(b) For purposes of employee development and effective utilization of employee abilities:

(1) Each agency shall develop and administer, subject to the approval of the Department of Civil Service, procedures for the continuing appraisal of the performance, conduct, skills and abilities of its employees.

(2) An employee shall be given an opportunity to examine any written appraisal of his performance, conduct, skills and abilities, to discuss the same with his supervisor, and to submit comments thereon to his supervisor and agency head.

4 CRR-NY 35.6 Performance Rating Board {#sec-4-crr-ny-35.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 35.6}

(a) The Performance Rating Board of an agency shall consist of not less than three nor more than five members who shall be employees of the agency with permanent status, at least two of whom shall be in the competitive class. The agency head shall appoint the members of the Performance Rating Board or, if he so authorizes, they may be elected by the employees of the agency for a term specified by the agency head. In a large agency, separate boards may be designated for geographically-separated units, districts or institutions.

(b) As directed by the agency head, the Performance Rating Board in each agency shall

(1) develop and administer procedures for the appeal of performance ratings;

(2) allow any employee to appeal from an unsatisfactory performance rating, review the appeal, and inform the employee of its decision. In the case of an unsatisfactory rating where the appeal is denied, the board shall notify the employee of his right to appeal his unsatisfactory rating to the Civil Service Commission.

Chapter IV REGULATIONS OF THE STATE CIVIL SERVICE COMMISSION (COMMISSION'S REGULATIONS)

Part 55 EXAMINATION APPEALS

4 CRR-NY 55.1 Committees on appeals {#sec-4-crr-ny-55.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 55.1}

The commission shall appoint committees on appeals, each consisting of one or more members designated by the commission, to whom appeals shall be submitted and who shall report thereon at a subsequent meeting of the commission.

4 CRR-NY 55.2 Subject of appeals {#sec-4-crr-ny-55.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 55.2}

A committee on appeals shall consider only such appeals as clearly demonstrate a manifest material error or mistake appearing in a rating key or scale or in the application of such key or scale to candidate test papers or other records of examination performance or eligibility for appointment and only if such error or mistake affects the eligibility or relative standing of candidates. Further, the committee on appeals shall not consider the appeal of a candidate whose score, at the time of the establishment of the eligible list, is equal to or higher than the final examination rating of the third highest standing eligible. Provided, however, that the committee shall consider such appeal where the candidate's reachability for appointment is affected by the committee's determination of another appeal and he or she has timely filed a notice of intent to appeal.

4 CRR-NY 55.3 Pre-list review {#sec-4-crr-ny-55.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 55.3}

The director of examinations or his designee may, by appropriate notice, invite candidate review of and the submission of objections with respect to a tentative rating key for short-answer written tests constituting all or part of an examination for the purpose of enabling a committee on appeals to recommend a final rating key which, upon approval by the commission, shall be applicable to all candidates. Such review may, but need not be limited to locations in Albany, Buffalo and New York City. The eligible list may be established pending consideration of the rating key by the commission, in which event objections to the tentative rating key filed by candidates shall constitute appeals to the commission. Every candidate shall be granted an opportunity to inspect his scored answer papers, or a photographic copy thereof, and the rating key and scoring tables in order to detect any errors in the application of such rating key to his answer sheet.

4 CRR-NY 55.4 Post-list appeal procedure {#sec-4-crr-ny-55.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 55.4}

In cases other than those in which prior approval of the rating key has been granted by the commission or review and submission of objections have been invited under section 55.3 of this Part, a committee on appeals shall consider appeals subsequent to the establishment of the eligible list subject to the following terms and conditions:

(a) Upon the establishment of an eligible list resulting from competitive examination, the department shall notify each candidate therein of the rating he has received and, if such rating be above the required minimum, of his comparative standing on the eligible list. Any candidate receiving such notice may personally inspect his examination papers in the presence of a designated representative of the department, provided he makes request for such inspection, in writing, within the period of five business days after the date of postmark of such notice, and provided that either he received a rating of 65 or higher if the examination consisted wholly of short-answer type questions (i.e., multiple-choice, or other questions which are scored only as wholly right or wholly wrong) or he received a rating of 60 or higher if the examination consisted of other types of questions or he is granted special permission by the commission to inspect his papers.

(b) A candidate who wishes to appeal to the commission from his rating in one, or more, or all of the subjects of an examination in order to establish eligibility or improve his relative standing must submit such appeal in writing at the review center on the date or dates on which his examination papers are made available for his inspection. Such appeal shall be considered as opening for review all of the competitor's papers in such subject or subjects of the examination on which he has appealed, whether resulting in a higher or lower average rating in such subject or subjects of the examination. However, unless by special action of the commission, no consideration shall be given an appeal for re-rating of a subject of the examination rated below 60 or for the re-rating of a written examination rated below 65 where such written examination consists wholly of short-answer type questions (i.e., multiple-choice, or other questions which are scored only as wholly right or wholly wrong).

(c) The commission shall correct any manifest error or mistake of marking or rating appearing in the candidate's examination papers or records in the subject or subjects of the examination on which he has appealed but such correction shall not prejudice the status of any person previously appointed as a result of such examination.

4 CRR-NY 55.5 Prior approval procedure {#sec-4-crr-ny-55.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 55.5}

(a) Upon the request of the director of examinations or his or her designee, the commission may grant prior approval of a rating key where:

(1) the test material has been used previously, has previously been subject to candidate review, and the analysis of the item response data and the candidate review and appeals history clearly indicates that the rating key represents the correct or best answers;

(2) the test material contains sufficient information to allow candidates to determine the correct answers; or

(3) it is demonstrated that subject matter experts have reviewed the items to confirm that the concepts are current and appropriate for use and that the rating key represents the only correct answers among the alternatives presented.

(b) Where commission approval is not granted prior to the administration of the test, the rating key shall be subject to review under sections 55.3 and 55.4 of this Part.

(c) Where the commission has granted prior approval of a rating key and the director thereafter recommends a change in such rating key, the director shall submit the amended rating key together with a justification for the changes requested to the commission for final approval of the rating key prior to establishment of the eligible list.

4 CRR-NY 55.6 Terms and conditions {#sec-4-crr-ny-55.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 55.6}

The following terms and conditions shall apply to every examination review and appeal referred to in this Part:

(a) A candidate who has participated in an oral examination or an examination which contains an oral test shall be permitted to bring with him representatives to personally review the record of such examination or test; provided, however, that nothing herein shall be construed as permitting the use of such representatives in the review of a written examination or a written test. All aspects of the representation permitted by this subdivision shall be in accordance with the terms and conditions as may be prescribed by the director of examinations or his designee.

(b) A candidate shall be permitted to bring books and other references to the examination review center.

(c) Candidates shall be supplied with appropriate forms for noting their objections and exceptions and shall submit theses to the Civil Service Department representative at the review center, but shall not be permitted to copy any questions or answers.

(d) The identity of a candidate appealing from a rating key or its application to his paper shall not be disclosed to any person who shall advise regarding, pass judgment upon, or make a determination of such appeal.

4 CRR-NY 55.7 Construction {#sec-4-crr-ny-55.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 55.7}

The provisions of this Part shall not be held to prevent the commission or the Department of Civil Service from correcting an obvious clerical error at any time during the life of an eligible list.

Part 56 EMPLOYMENT OF RETIREES

4 CRR-NY 56.1 Approval of employment of retirees {#sec-4-crr-ny-56.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 56.1}

Approval of the employment of a retiree pursuant to section 211 of the Retirement and Social Security Law must be secured prior to the effective date of that employment; provided, however, the commission may under the following exceptional circumstances grant such approval retroactively where:

(1) it is demonstrated that there was an intent on the part of the employing agency to hire the retiree pursuant to section 211 of the Retirement and Social Security Law;

(2) the retiree understood that he was being employed pursuant to that section; and

(3) only through an error of commission or omission approval was not effectuated.

The burden to demonstrate such exception circumstances is upon the employing agency.

4 CRR-NY 56.2 to 56.5 to 56.5 [Repealed] {#sec-4-crr-ny-56.2-to-56.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 56.2 to 56.5}

Part 58 EMPLOYMENT OF HANDICAPPED PERSONS PURSUANT TO THE PROVISIONS OF SECTIONS 55-B AND 55-C

4 CRR-NY 58.1 Definitions {#sec-4-crr-ny-58.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 58.1}

Whenever used in this Part:

(a) The term eligible person means a person certified by the employee health service as being either physically or mentally handicapped and capable of performing the essential duties of the position for which he or she is applying or is being nominated.

(b) The term appointment means the employment of an eligible person pursuant to section 55-b or 55-c of the Civil Service Law.

4 CRR-NY 58.2 Determination of eligibility for appointment to a position {#sec-4-crr-ny-58.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 58.2}

(a) Any person who believes himself or herself to be eligible for appointment pursuant to section 55-b or 55-c may apply to the Department of Civil Service on a form to be prescribed by the department.

(b) An appointing authority may nominate any person, who appears to be eligible, for appointment to a position in the competitive class pursuant to section 55-b or 55-c.

(c) The employee health service of the Department of Civil Service shall make all determinations regarding the existence of a qualifying disability and shall, in addition, determine whether the person is capable of performing the essential duties of the position.

(d) Such person must additionally meet the minimum qualifications for the position being sought.

(e) If the employee health service determines that the documentation submitted is insufficient to make a determination as to whether or not a person is eligible, the employee health service may require the person to submit further evidence or to undergo a medical examination by an employee health service physician.

(f) If upon a review of submitted documentation or a medical examination the employee health service determines that a person is not eligible, the employee health service shall:

(1) advise the person seeking appointment pursuant to section 55-b or 55-c and the appointing authority, if appropriate, of such determination in writing within 30 days of the receipt of the requested documentation or medical examination, whichever occurs later; and

(2) shall advise the person in such writing of the reason or reasons why it did not certify him or her as eligible and of his or her right to appeal such determination to the Civil Service Commission.

(g) If upon such examination the employee health service determines that an individual nominated for appointment is physically or mentally handicapped and is able to perform the essential duties of the position for which he or she has been nominated, the employee health service shall certify such person as eligible for appointment pursuant to section 55-b or 55-c of the Civil Service Law.

4 CRR-NY 58.3 Appeals {#sec-4-crr-ny-58.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 58.3}

A person found not eligible by the employee health service may appeal that determination to the Civil Service Commission. Such appeal shall be in writing and shall state the reasons why the individual believes that the determination of the employee health service is incorrect. An appeal must be received by the Civil Service Commission within 30 days of the date of the written notice of the determination by the employee health service. The commission shall consider such reasons, together with the report of the employee health service, in making its determination. The commission may designate a physician to examine the individual, other than the physician who first examined the person. The determination of the commission as to whether the person nominated for appointment pursuant to section 55-b or 55-c is eligible for appointment pursuant to section 55-b or 55-c of the Civil Service Law shall be a final determination within the meaning of article 78 of the Civil Practice Law and Rules.

Part 60 ACCESS TO PERSONAL INFORMATION

4 CRR-NY 60.1 Purpose and scope {#sec-4-crr-ny-60.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 60.1}

(a) It is the responsibility and the intent of the State Civil Service Commission to comply fully with the provisions of article 6-A of the Public Officers Law, the Personal Privacy Protection Law.

(b) The commission shall maintain personal information in its records only if it is relevant and necessary to accomplish a purpose of the commission that is required by statute or executive order, or to implement a program specifically authorized by law.

(d) The commission will seek to ensure that all records pertaining to or used with respect to individuals are accurate, relevant, timely and complete.

(e) These regulations provide information about the procedures by which the rights of access to information granted by the Personal Privacy Protection Law may be asserted.

4 CRR-NY 60.2 Definitions {#sec-4-crr-ny-60.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 60.2}

For the purposes of this Part:

(a) The term commission means the New York State Civil Service Commission.

(b) The term department or Department of Civil Servicemeans the New York State Department of Civil Service.

(d) The term data subject means any natural person about whom personal information has been collected by the commission.

(e) 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.

(f) 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.

(g) The term governmental unit means any governmental entity performing a governmental or proprietary function for the Federal government or for any state or any municipality thereof.

(h) The term law means any State or Federal statute, rule or regulation.

(i) 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 names and addresses only which is used exclusively for the purpose of mailing commission 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 commission which is necessary to answer unsolicited requests by the data subject for information; or

(6) correspondence files.

(j) The term routine use means, with respect to the disclosure of a record or personal information, any use of such record or personal information relevant to the purposes for which it was collected, and which use is necessary to the statutory duties of the commission or is necessary to operate a program specifically authorized by law.

(k) The term system of records means any group of records under the actual or constructive control of the commission pertaining to one or more data subjects from which personal information is retrievable by use of the name or other identifier of a data subject.

4 CRR-NY 60.3 Personal privacy compliance officer {#sec-4-crr-ny-60.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 60.3}

(a) The Director of Public Relations of the department is hereby designated privacy compliance officer and is responsible for ensuring that the commission complies with the provisions of the Personal Privacy Protection Law and these regulations and for coordinating responses to requests for records or amendment of records.

(b) The address and telephone number of the privacy compliance officer are: New York State Department of Civil Service, Building 1, State Campus, Albany, NY 12239, (518) 457-6221.

(c) The Deputy Director of Public Relations of the department is hereby designated deputy privacy compliance officer. The address and telephone number of the deputy are the same as those of the privacy compliance officer set forth in subdivision (b) of this section.

4 CRR-NY 60.4 Procedures {#sec-4-crr-ny-60.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 60.4}

(a) Persons who wish to determine whether the commission maintains records containing information identifiable to them may contact the privacy compliance officer, who will assist in identifying such records and, if appropriate, will describe the contents of the commission's system of records orally or in writing.

(b) Requests for access to records may be made to the privacy compliance officer in writing or orally and must reasonably describe the records sought. Whenever possible, the data subject should supply identifying information that assists the commission in locating the records sought. Requests will be accepted by mail, or in person, at the State Campus, Building 1, Albany, NY 12239 on any workday between the hours of 8:30 a.m. and 4:45 p.m.

(c) Within five business days of the receipt of a request, the commission shall either provide access to the record or deny access in writing explaining the reasons therefor, or acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, which shall be within 30 days from the date of the acknowledgment.

(d) When the record is located, the commission shall:

(1) make the record available for inspection, in a printed form without codes or symbols, unless an accompanying document explaining such codes or symbols is also provided;

(2) if requested, make a copy available, upon payment of or offer to pay the fees authorized by section 60.10 of this Part, or permit the data subject to copy the record by hand; or

(3) deny access to the record in whole or in part and explain in writing the reasons therefor.

(e) Records or copies shall be made available at the Department of Civil Service on the State Campus in Albany or where they are kept and shall not be removed from that location without the express written consent of the President of the Civil Service Commission.

(f) Proof of identity, by presentation of a driver's license or other documentation or verification of signature or identifying facts, or other means, at the option of the commission, may be required of a person making a request.

(g) Upon request, the privacy compliance officer shall certify that:

(1) a copy of a record is a true copy;

(2) the agency does not have possession of the record sought;

(3) the agency cannot locate the record sought after having made a diligent search; or

(4) the information sought cannot be retrieved by use of the description provided, or by use of the name or other identifier of the data subject without extraordinary search methods being employed.

4 CRR-NY 60.5 Records which are exempt from access by data subjects {#sec-4-crr-ny-60.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 60.5}

(a) Records specifically prohibited by statute from disclosure.

(b) Records concerning mental disability or medical records where access is not otherwise required by law.

(c) Personal information pertaining to the incarceration of an inmate at a State correctional facility which is evaluative in nature or could endanger the life or safety of any person, unless access is otherwise permitted by law or by court order.

(d) Attorney's work product or material prepared for litigation.

(e) Public safety records.

(f) Records containing information compiled for law enforcement purposes which if disclosed would:

(1) interfere with law enforcement investigations or judicial proceedings;

(2) deprive a person of a right to a fair trial or impartial adjudication;

(3) identify a confidential source or disclose confidential information relating to a criminal investigation; or

(4) reveal criminal investigative techniques or procedures, except routine techniques and procedures.

(g) Records whose disclosure would constitute an unwarranted invasion of personal privacy, as defined in paragraph (a) of subdivision 2 of section 89 of the Public Officers Law.

(h) An accounting of a disclosure for law enforcement purposes if specifically notified not to make such disclosure by the receiving agency.

(i) Records which cannot be retrieved using the data subject's description or name or other identifier of the data subject, without extraordinary search methods.

4 CRR-NY 60.6 Amendment or correction of records {#sec-4-crr-ny-60.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 60.6}

(a) Within 30 business days of a written request from a data subject for correction or amendment of a record or personal information that is reasonably described and that pertains to the data subject, the commission shall:

(1) make the amendment or correction in whole or in part and inform the data subject that, on his or her request, such correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law;

(2) inform the data subject in writing of its refusal to correct or amend the record, including the reasons therefor.

4 CRR-NY 60.7 Commission's failure to respond {#sec-4-crr-ny-60.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 60.7}

A failure to grant or deny access to records within five business days of the receipt of a request or within 30 days of an acknowledgement of the receipt, or failure to respond to a request for amendment or correction of a record within 30 business days of receipt of such a request, shall be construed as a denial that may be appealed.

4 CRR-NY 60.8 Appeals {#sec-4-crr-ny-60.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 60.8}

(a) Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to this Part may, within 30 business days of such denial, appeal in writing to the deputy commissioner and general counsel of the Department of Civil Service at the State Campus, Building 1, Albany, NY 12239.

(b) In order to be acted upon, the appeal must identify:

(1) the record that it concerns;

(2) the date and location of a request for a record or amendment or correction of a record or personal information; and

(3) the appellant, and list his or her address.

(c) Within seven business days of an appeal of a denial of access, or within 30 business days of an appeal concerning a denial of a request for correction or amendment, the deputy commissioner and general counsel shall:

(1) provide access to or correct or amend the record or personal information; or

(2) fully explain in writing the factual and statutory reasons for further denial and inform the data subject of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules.

(d) If, on appeal, a record or personal information is corrected or amended, the data subject shall be informed that, on his or her request, the correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.

(e) The commission shall immediately forward to the Committee on Open Government a copy of any such appeal, upon receipt, and its determination, when made, and the reasons therefor.

4 CRR-NY 60.9 Statement of disagreement by data subject {#sec-4-crr-ny-60.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 60.9}

(a) If correction or amendment of a record or personal information is denied in whole or in part upon appeal, the determination shall notify the data subject of the right to:

(1) file a statement of reasonable length setting forth the data subject's reasons for disagreement with the determination; and

(2) request that the statement be provided to any person or governmental unit to which the record has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.

(b) Upon receipt of a statement of disagreement by a data subject, the commission shall:

(1) clearly note any portions of the record that are disputed; and

(2) attach the data subject's statement as part of the record.

(c) When providing a data subject's statement of disagreement to a person or governmental unit in conjunction with a disclosure made pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law, the commission may also include a concise statement of its reasons for not making the requested amendment or correction.

4 CRR-NY 60.10 Fees {#sec-4-crr-ny-60.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 60.10}

Any fees authorized herein shall be payable in advance.

(a) The fee for photocopies not exceeding 9 × 14 inches shall be 25 cents per page.

(b) The fee for photocopies of records in excess of 9 × 14 inches per page shall be the actual copying cost which is the average unit cost for copying a record, excluding fixed costs of the agency such as operator salaries.

(c) In the event that the record is of such a nature that it cannot be photocopied, a transcript of such record shall be made upon request of the applicant. Such transcripts may either be typed or handwritten at the discretion of the commission. In such cases, the requester may be charged for the clerical time involved in making the transcript.

(d) The commission, in its discretion, may provide copies of records without charging a fee.

(e) No fee will be charged for:

(1) inspection of records;

(2) searching for records; or

(3) a certification pursuant to this Part.

4 CRR-NY 60.11 Severability {#sec-4-crr-ny-60.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 60.11}

If any provision 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.

Part 61 MERIT AWARDS

4 CRR-NY 61.1 Terms and conditions {#sec-4-crr-ny-61.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 61.1}

The following terms and conditions shall apply to the value and payment of every merit award.

4 CRR-NY 61.2 Definitions {#sec-4-crr-ny-61.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 61.2}

For the purpose of this Part, the terms following shall have the indicated meanings:

(a) Adopted suggestion means a suggestion, accepted for evaluation by the director of the state employee suggestion program pursuant to such policies and procedures defining suggester and suggestion eligibility as may be promulgated by the commission, which is actually put into use, in its original or substantially original form, by one or more State agencies or participating agencies, during the suggestion's equity period.

(b) Equity period means that period of time, as fixed by the commission, during which the author of a suggestion accepted for evaluation by the director of the state employee suggestion program retains award recognition rights for adoption of that suggestion.

(c) Intangible benefit means a benefit to the State, resulting from the implementation of a suggestion which is either primarily nonmonetary in nature or, if potentially monetary in nature, is such that the amount of such benefit cannot be reliably predicted or attributed with any reasonable degree of certainty.

(d) Meritorious service award means the form of recognition granted by the commission for an unusual and meritorious accomplishment by a State employee not otherwise eligible for award recognition pursuant to this Part.

(e) Net first year tangible savings or financial benefit to the State means the total gross savings reported during the first full year of the suggestion's use in one or more departments or agencies, less the capital, labor and other related costs necessary for its implementation, provided however, that the commission shall have discretion to amortize one time implementation costs over either the expected useful life of the suggestion or over five years, whichever period is less.

4 CRR-NY 61.3 Procedure {#sec-4-crr-ny-61.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 61.3}

Any State employee or retiree may submit a suggestion to the suggestion program for review. If the suggestion is determined by the program to be eligible and original, it will be sent to the suggestion committee of the appropriate agency for evaluation. If that agency suggestion committee determines to implement the suggestion, an award recommendation, based on estimated amount of net first-year savings or intangible benefit, will be forwarded to the suggestion program. Following review by program staff, the suggestion will be presented to the commission for award determination.

4 CRR-NY 61.4 Minimum award {#sec-4-crr-ny-61.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 61.4}

The commission may grant a basic minimum award of not more than $25 for adopted suggestion resulting in net first year tangible savings or monetary benefit to the State of $250 or less.

4 CRR-NY 61.5 Limit on awards {#sec-4-crr-ny-61.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 61.5}

(a) The award paid for a suggestion adopted by the commission shall not exceed 10 percent of the net first year tangible savings or 10 percent of other financial benefit to the State. The maximum award payable for any single adopted suggestion resulting in tangible savings or benefit to the State shall be $50,000.

(b) The maximum award payable for any single suggestion deemed by the commission to result entirely or predominantly in intangible benefit to the State shall be $5,000.

(c) The maximum award to be paid for meritorious service of a State employee shall not exceed one percent of any reported net first year tangible saving or monetary benefit to the State. The maximum amount payable for any single meritorious service award shall be $5,000.

(d) Nothing in this Part shall act to preclude the commission from granting an award based on combined tangible and intangible benefit to the State, provided however, that the combined amount of such awards shall in no case exceed $50,000 or, in the case of a meritorious service award, $5,000.

4 CRR-NY 61.6 Installment award {#sec-4-crr-ny-61.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 61.6}

The commission may direct that awards exceeding $10,000 be paid in equal installments over a period not to exceed five years.

Chapter V REGULATIONS OF THE DEPARTMENT OF CIVIL SERVICE (PRESIDENT'S REGULATIONS)

Part 66 SUBJECTS OF EXAMINATION

4 CRR-NY 66.1 Announcement of examination {#sec-4-crr-ny-66.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 66.1}

[Additional statutory authority: Civil Service Law, § 7] Subjects of examination, the relative weights assigned thereto and the scale of points for creditable seniority and for performance ratings shall be stated in the announcement of examination; provided, however, that after such announcement is made, the written examination may be subdivided into subjects or parts and minimum standards may be fixed for one or more of such subdivisions in order that the candidates may be considered further for eligibility. Notice of such an arrangement shall be given in the instructions on the question papers of the written examination.

4 CRR-NY 66.2 Standards for passing examinations {#sec-4-crr-ny-66.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 66.2}

[Statutory authority: Civil Service Law, § 7] No candidate shall be passed in an examination or have his name entered upon an eligible list who fails to attain a passing mark in the examination as a whole, or who fails to meet minimum standards prescribed for any subject or parts of subjects of the examination; provided, however, that a candidate whose performance rating is unsatisfactory may be passed in a promotion examination if he meets minimum standards and receives a passing mark in all other subjects and parts of subjects of the examination.

4 CRR-NY 66.3 Waiver of announced parts of an examination {#sec-4-crr-ny-66.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 66.3}

[Statutory authority: Civil Service Law, § 7] A test, stated in the announcement to be planned part of an examination, may nevertheless be waived and the eligible list established on the basis of scores in the other announced competitively rated part or parts of the examination when the number of candidates successful in the preceding part or parts of the examination does not exceed by more than two the number of vacancies to be filled from such eligible list which exist at the time of the establishment of the eligible list.

4 CRR-NY 66.4 The examination process; conduct of investigations {#sec-4-crr-ny-66.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 66.4}

(a) The State Civil Service Department may conduct investigations concerning the qualifications of candidates, eligibles and appointees for State positions or public authorities under the jurisdiction of the department. The scope of these investigations may include training, experience and character qualifications or any area pertinent to the suitability of the candidate, eligible or appointee for employment. The investigation of candidates, eligibles or appointees shall be as complete as is necessary to make an informed evaluation and determination. This may include the taking of fingerprints and physical descriptive data of such candidate, eligible or appointee and submission to the Division of Criminal Justice Services for processing.

(b) Each case involving a criminal conviction shall be considered on its own merits. A candidate, eligible or appointee shall not automatically be disqualified or barred from appointment solely on the basis of a criminal conviction unless mandated by statute.

(1) Nature and seriousness of the offense;

(2) Circumstances under which the offense was committed;

(3) Lapse of time since the offense was committed;

(4) Individual's age at the time of the offense;

(5) Social conditions which may have fostered the offense;

(6) Relationship of the nature of the offense to the position sought;

(7) Number of criminal convictions;

(8) Honesty of the candidate in admitting the conviction record; and

(9) Evidence of rehabilitation as demonstrated by the individual's good conduct while in correctional custody and/or the community; counseling or psychiatric treatment received; acquisition of additional academic or vocational schooling; successful participation in correctional work-release programs and the recommendations of persons who have or have had the applicant under their supervision.

(d) Any person who is disqualified as the result of an investigation conducted pursuant to this section shall be advised, in writing, of the reason for such disqualification. Any person so disqualified may appeal such disqualification by submitting a written explanation, supported by available documentary evidence, containing a short and plain statement of the facts upon which he relies to show that such disqualification was incorrect. Such appeal shall be filed with the President of the Commission within 10 days of the date of the written notice of disqualification. Any appointee who has been disqualified pursuant to this section shall be continued in service until the end of the appeal period provided in this section or, in the event a timely appeal is filed, until a final determination is made, as the case may be, provided, however, nothing contained in this section shall be deemed to permit an employee's continuation in service beyond the probationary period otherwise applicable or when such employee's service would have otherwise been terminated or would have ceased under law.

Part 67 MARKING AND GRADING OF EXAMINATIONS

4 CRR-NY 67.1 Scoring of examinations {#sec-4-crr-ny-67.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 67.1}

(a) The final score of each candidate in a written or oral or other test or combination of tests comprising an examination shall be reported on a scale to 100, where the score of 100 shall represent the best performance possible, expected or attained, and where the score of 70 shall represent a performance meeting the minimum needs of the position to be filled with regard to number and quality of eligibles, and where the score of 60- shall represent any score below 60.

(b) In examinations or tests in which, considering the needs of the service or the difficulty of the examination or test or other substantial factors, a sufficient number of candidates of sufficient quality achieve raw scores or weighted or corrected raw scores, as defined under this section, or some combination of such scores equivalent to 70 percent or higher of the maximum possible score, final scores shall be determined from raw scores or weighted or corrected raw scores, or some combination of such scores, on a percent basis or by an arithmetic adjustment or a series of arithmetic adjustments or by a statistical adjustment, as defined under this section, or by any combination of such adjustments such that final scores at or about 70 will approximate percent scores; provided that no candidate is failed who would pass under percent scoring, that the relative order of scores is maintained, and that the scoring adjustment used is approved by the director or assistant director of examinations and staffing services.

(c) In examinations or tests in which, considering the needs of the service or the difficulty of the examination or test or other substantial factors, an insufficient number of candidates achieve raw scores or weighted or corrected raw scores, as defined under this section, or some combination of such scores equivalent to 70 percent or higher of the maximum possible score, final scores may be determined from raw scores or weighted or corrected raw scores, or some combination of such scores, by an arithmetic adjustment or a series of arithmetic adjustments or by a statistical adjustment, as defined under this section, or by any combination of such adjustments such that more candidates are passed than would pass if final scores at or about 70 approximated percent scores; provided that the relative order of scores is maintained, that the necessary quality of eligibles is not jeopardized, and that the scoring adjustment used is approved by the administrative director, deputy administrative director, assistant administrative director or director of examinations and staffing services.

(d) Raw score.

A raw score is the number of questions answered correctly in a short answer written test or the combination of examiners' ratings in an oral or performance test or the number of credit points earned or assigned in any other kind of test, or some combination of the foregoing.

(e) Part raw score.

A part raw score is the raw score from a part of a test or the raw score from a test that is part of an examination.

(f) Corrected raw score.

A corrected raw score is a score that has been derived from a raw score from a short answer written test by one of the following methods:

(1) Deductions for wrong answers, as distinguished from omissions, may be made from raw scores. For example, one point may be deducted from raw scores for every four wrong answers. In this case, for a 100-item test, a candidate who answered 60 questions correctly and 20 questions incorrectly and who omitted answering 20 questions would have a raw score of 60 and a corrected raw score of 55.

(2) Additions for omissions may be made to raw scores. For example, one point may be added to raw scores for every five omissions. In this case, for a 100-item test, a candidate who answered 60 questions correctly and 20 questions incorrectly and who omitted answering 20 questions would have a raw score of 60 and a corrected raw score of 64.

These methods may also be applied to part raw scores, the results of which would then be combined with raw scores or weighted or corrected raw scores from the other parts of the test or other tests in the examination.

(g) Weighted raw score.

A weighted raw score is a score that has been derived from a raw score by assigning a weight other than one to one or more of the part raw scores that contribute to the raw score. For example, in a short answer written test, a weight of two may be assigned to each correct answer to a group of questions comprising the most important part of the test and all other correct answers may be assigned a weight of one each. In this case, a candidate correctly answering seven questions with a weight of two each and correctly answering 69 questions with a weight of one each would get a weighted raw score of 83. Such weights may be assigned, on the basis of job analysis or on considerations of reliability and/or validity of tests or parts of tests, uniformly for the total candidate group, or differently for candidate subgroups, if scores of such subgroups are shown to differ substantially in their relation to measures of performance.

(h) Arithmetic adjustments.

(1) An arithmetic adjustment is the adding to or subtracting from raw scores or weighted or corrected raw scores or some combination thereof or some fraction or multiple of such scores a uniform whole number or fraction or combination thereof. For example, final scores may be determined by using an equation such as:

Final score = 3R/2 + 2 1/2

where R is the raw score or the weighted or corrected raw score or some combination of such scores. In this case, a raw score of 60 would become a final score of 92.5. In another case, final scores may be determined by using an equation such as:

Final score = R/2 − 10

In this case a raw score of 180 would become a final score of 80.

(2) A series of arithmetic adjustments consists of the division of the distribution of raw scores or weighted or corrected raw scores or some combination of such scores into two or more mutually exclusive ranges of scores and applying a separate arithmetic adjustment as defined above in each range. For example, a distribution of raw scores from a 120-item test may be split so that all raw scores in the range 85 to 120 are converted to final scores by an equation such as:

Final score = R/2 + 40

and raw scores in the range 1-84 are converted to final scores by an equation such as:

Final score = R − 2

In this case a raw score of 78 would become a final score of 76 and a raw score of 100 would become a final score of 90. This would accomplish a lowering of the passing point below percent standards and at the same time would provide for more than 31 scores between 70 to 100.

(i) Statistical adjustment.

A statistical adjustment is the assignment of final scores according to a predetermined form based on a statistical division of the distribution of raw scores or weighted or corrected raw scores or some combination of such scores. Examples:

(1) The raw scores or weighted or corrected raw scores or some combination of such scores of all passing candidates may be evenly distributed between 70 and 100 with the best one-sixth of eligibles assigned final scores from 95 to 100, the next one-sixth assigned final scores from 90 to 95, the next one-sixth assigned final scores from 85 to 90, the next one-sixth assigned final scores from 80 to 85, the next one-sixth assigned final scores from 75 to 80, and the lowest one-sixth assigned final scores from 70 to 75.

(2) A final passing score of 70 may be assigned to candidates attaining a mean raw score or mean weighted or corrected raw score or a mean of some combination of such scores, and a final score of 80 may be assigned to candidates attaining one standard deviation higher, etc.

(j) Any officer or employee to whom the identity and rating of one or more candidates in an examination is known shall be disqualified from recommending or approving the use of any scoring adjustment in such examination. In the event that the identity and rating of one or more candidates in an examination is known to an officer or employee whose duties and functions would otherwise involve the recommendation or approval of the use of a scoring adjustment in such examination, the duties and functions of such officer or employee with respect to the recommendations or approval of a scoring adjustment in such examination shall be assigned to another appropriate officer or employee who is not disqualified under the provision of this section.

(k) Where one of the above methods of scoring is used, the nature of the scoring adjustment shall be made known upon request to any candidate who inspects his examination paper or questions his rating.

4 CRR-NY 67.2 Credit for seniority {#sec-4-crr-ny-67.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 67.2}

In promotion examinations, credit for seniority shall be granted by the addition of points, on the basis of scales approved by the administrative director, to the average score earned by each successful competitor in the other parts of the examination.

Part 68 ELIGIBLE LISTS

4 CRR-NY 68.1 Term of eligible list {#sec-4-crr-ny-68.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 68.1}

The maximum term of an eligible list shall be four years, unless a shorter term is prescribed by the president of the commission, the administrative director or the deputy or assistant administrative director of the Department of Civil Service. An eligible list which has been in force for longer than one year or which has become exhausted shall terminate upon the establishment of a new list of eligibles for the same position unless otherwise prescribed by the president of the commission, the administrative director or the deputy or assistant administrative director of the Department of Civil Service.

4 CRR-NY 68.2 Eligible list not to be altered; exception {#sec-4-crr-ny-68.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 68.2}

If an error is discovered in an eligible list, no alteration shall be made in such list except upon approval of the president, or, in his absence, the administrative director. A memorandum record of such action shall be prepared and filed in the department files.

4 CRR-NY 68.3 [Repealed] {#sec-4-crr-ny-68.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 68.3}

4 CRR-NY 68.4 Eligible with unsatisfactory performance rating {#sec-4-crr-ny-68.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 68.4}

An eligible whose performance rating is unsatisfactory shall be ineligible for any promotion or certification from a promotion eligible list during the fiscal year following the period for which such unsatisfactory rating was received.

Part 70 SECURITY OF EXAMINATION MATERIAL

4 CRR-NY 70.1 Examination questions not to be copied {#sec-4-crr-ny-70.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 70.1}

In order to prevent the unauthorized publication and dissemination of examination questions, no candidate in any examination shall copy, record or transcribe any examination question or answer or remove from the examination room any question sheet, answer sheet or booklet, scrap papers, notes or any other papers or materials relating to such examination. In addition, where an oral test is conducted, a candidate shall not at any time communicate with an oral test examiner concerning the conduct or content of such test, and shall not directly or indirectly communicate to any other person information concerning the content of such test until completion of the testing of all candidates. No examiner, proctor or other person charged with the supervision of a candidate or group of candidates during an examination or oral test shall have authority to waive the provisions of this section. The president may disqualify any candidate or refuse to certify any eligible who is found to have violated the provisions of this section.

4 CRR-NY 70.2 Copies of questions not to be furnished {#sec-4-crr-ny-70.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 70.2}

Copies of questions used in examinations shall not be furnished except in cases where they are published by the department for general information.

4 CRR-NY 70.3 Property rights to questions {#sec-4-crr-ny-70.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 70.3}

All question sheets, answer sheets and other examination materials furnished to municipal civil service commissions in connection with examination services rendered to such municipal commissions by the Department of Civil Service pursuant to the provisions of section 23(2) of the Civil Service Law are and shall at all times remain the property of the department and subject to the jurisdiction and control of the department. In order to safeguard the security of examination questions in any such examination, all examination question sheets for such examination shall be furnished to the municipal commission in a separate sealed package and shall be opened by such municipal commission, or its duly authorized representative in charge of such examination. All question and answer sheets and other examination materials shall be packaged and sealed by such municipal commission, or its representative in charge of such examination, immediately after the close of such examination and shall be returned forthwith to the Department of Civil Service. The failure or refusal by a municipal commission to observe and comply with the provisions of this Part may be deemed by the president as adequate and sufficient grounds for refusal to furnish any further examination materials or services to such municipal commission.

4 CRR-NY 70.4 Examination security and test scheduling {#sec-4-crr-ny-70.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 70.4}

To facilitate the security of examination materials, a test shall be administered only on the announced date (if any), with due provision being made for religious observance; provided, however, the State Department of Civil Service may provide for rescheduling the administration of a test to a candidate under such circumstances of personal hardship and under such conditions as may be defined by that department.

Part 71 INFORMATION

4 CRR-NY 71.1 Appointing officer may see application; restrictions {#sec-4-crr-ny-71.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 71.1}

A candidate's application for examination may be exhibited, upon request, to the appointing officer to whom his name is certified, or to his representative; provided, however, that information therein relating to the candidate's national origin or indicating whether his citizenship is by birth or naturalization shall not be divulged. Before a candidate's application for examination is exhibited to the appointing officer or his representative, all reference therein to the candidate's national origin or to the basis of his citizenship shall be concealed.

4 CRR-NY 71.2 Examination papers not to be exhibited; exceptions {#sec-4-crr-ny-71.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 71.2}

A candidate's papers may not be exhibited except as provided in section 71.1 of this Part, and in regulation four2; provided, however, that the administrative director may, upon request, authorize the inspection of a candidate's application and other papers, for legitimate official purposes, by law enforcement and other officials or their representatives, where there appear satisfactory and compelling reasons for the need for such inspection.

4 CRR-NY 71.3 Publication of eligible lists {#sec-4-crr-ny-71.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 71.3}

Eligible lists may be published with the standing of the persons named in them, but under no circumstance shall the names of persons who failed examinations be published nor shall their examination papers be exhibited or any information given about them, except as provided in this Part and regulation four.3

4 CRR-NY 71.4 Premature release of examination results {#sec-4-crr-ny-71.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 71.4}

Any employee of the State who obtains knowledge of examination results prior to the eligible list being officially published by the Department of Civil Service, either by reason of his or her duties as an employee of the Department of Civil Service or as an employee of another State department or agency involved in the administering of examinations of the Department of Civil Service or involved in examining candidates as an agent for the Department of Civil Service or by any other means whatsoever, is hereby strictly prohibited from disclosing such information to any candidate or any other person not involved in administering the examination until the results of such examination have been officially established and an eligible list published by the Department of Civil Service. Willful violation of this section, as determined by the president or the president's designee, may result in barring the perpetrator from the taking of examinations for a period of time not to exceed two years. In addition, a willful violation of the provisions of this section shall be deemed sufficient cause for disciplinary action, including removal.

Part 72 LAYOFF UNITS

4 CRR-NY 72.1 Separate units for suspension, demotion or displacement {#sec-4-crr-ny-72.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 72.1}

The following are designated as separate units for suspension, demotion or displacement; provided, however, that during the effective term of an agreement between the State of New York and an employee organization recognized or certified pursuant to article 14 of the Civil Service Law, the provisions of said agreement shall control with respect to employees in the bargaining unit represented by such organization and, while in effect, shall supersede this section:

In the Department of Civil Service

Public Employment Relations Board

In the Education Department

New York State Higher Education Services Corporation

In the Department of Environmental Conservation

Department-wide for Agency Law Enforcement Services Negotiating Unit

Remainder of department in each of the following groups:

A. Albany County

B. All other counties

In the Executive Department

Each Division, Commission, Office or Board established by law, except for such units therein as are separately designated below:

In the Division of Alcoholic Beverage Control

A unit for each of the following groups of counties:

A. Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester

B. Albany, Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie, Sullivan, Ulster, Warren, Washington

C. Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Tioga, Tompkins, Wayne, Wyoming, Yates

In the Office of Parks, Recreation and Historic Preservation Each park and recreation region and the main office separately

In the Department of Family Assistance

The Office of Temporary and Disability Assistance

In the Office of Children and Family Services

Five units consisting of the following counties:

Unit A: Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, Westchester

Unit B: Columbia, Dutchess, Greene, Orange, Putnam, Sullivan, Ulster

Unit C: Albany, Clinton, Essex, Franklin, Fulton, Hamilton, Jefferson, Lewis, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Warren, Washington

Unit D: Broome, Cayuga, Chemung, Chenango, Cortland, Delaware, Herkimer, Madison, Oneida, Onondaga, Oswego, Otsego, Schuyler, Seneca, Steuben, Tioga, Tompkins

Unit E: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Wayne, Wyoming, Yates

In the Department of Health

Department-wide except separate units for each county in which a hospital or institution operated by the department is located

In the Department of Labor

Workers' Compensation Board

Labor Relations Board

State Insurance Fund

In the Department of Mental Hygiene

In the Office of Mental Health

A unit for each of the following groups of counties:

A. Bronx, New York, Richmond, Kings, Queens

B. Nassau, Suffolk

C. Rockland, Westchester

D. Sullivan, Ulster, Dutchess, Orange, Greene, Putnam

E. Rensselaer, Albany, Schenectady, Montgomery, Saratoga, Warren, Washington, Fulton, Columbia, Schoharie

F. Hamilton, Essex, Franklin, Clinton, St. Lawrence, Jefferson, Lewis

G. Oneida, Herkimer, Otsego

H. Onondaga, Madison, Oswego, Cayuga

I. Broome, Chenango, Cortland, Tioga, Delaware

J. Seneca, Schuyler, Tompkins, Chemung, Steuben

K. Livingston, Allegany, Yates, Ontario, Wayne, Monroe, Orleans

L. Niagara, Erie, Cattaraugus, Chautauqua, Wyoming, Genesee

In the Office of Mental Retardation and Developmental Disabilities A unit for each of the following groups of counties:

A. Bronx, New York, Richmond, Kings, Queens

B. Nassau, Suffolk

C. Rockland, Westchester

D. Sullivan, Ulster, Dutchess, Orange, Greene, Putnam

E. Rensselaer, Albany, Schenectady, Montgomery, Saratoga, Warren, Washington, Fulton, Columbia, Schoharie

F. Hamilton, Essex, Franklin, Clinton, St. Lawrence, Jefferson, Lewis

G. Oneida, Herkimer, Otsego

H. Onondaga, Madison, Oswego, Cayuga

I. Broome, Chenango, Cortland, Tioga, Delaware

J. Seneca, Schuyler, Tompkins, Chemung, Steuben

K. Livingston, Allegany, Yates, Ontario, Wayne, Monroe, Orleans

L. Niagara, Erie, Cattaraugus, Chautauqua, Wyoming, Genesee

In the Office of Alcoholism and Substance Abuse Services

For positions in the collective bargaining unit designated as professional, scientific and technical services, separate units consisting of the following:

Unit A: All positions assigned to division offices in Bronx, Kings, Nassau, New York, Orange, Queens, Richmond, Rockland, Suffolk and Westchester Counties

Unit B: All positions except those assigned to division offices in Bronx, Kings, Nassau, New York, Orange, Queens, Richmond, Rockland, Suffolk and Westchester Counties

For positions in the collective bargaining units designated as administrative services, operational services, and institutional services, separate units consisting of the following:

Unit A: All positions assigned to division offices in Bronx, Kings, New York, Queens, and Richmond Counties

Unit B: All positions assigned to division offices in Nassau and Suffolk Counties

Unit C: All positions assigned to division offices in Delaware, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, and Westchester Counties

Unit D: All positions assigned to division offices in Albany, Columbia, Fulton, Greene, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, and Washington Counties

Unit E: All positions assigned to division offices in Broome, Chenango, Clinton, Cortland, Essex, Franklin, Hamilton, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Otsego, St. Lawrence, and Warren Counties

Unit F: All positions assigned to division offices in Cayuga, Chemung, Genesee, Livingston, Monroe, Ontario, Orleans, Schuyler, Seneca, Steuben, Tioga, Tompkins, Wayne, and Yates Counties

Unit G: All positions assigned to division offices in Allegany, Cattaraugus, Chautauqua, Erie, Niagara, and Wyoming Counties

For positions designated as management or confidential, separate units consisting of the following:

Unit A: All positions assigned to division offices in Bronx, Kings, Nassau, New York, Orange, Queens, Richmond, Rockland, Suffolk and Westchester Counties

Unit B: All positions except those assigned to division offices in Bronx, Kings, Nassau, New York, Orange, Queens, Richmond, Rockland, Suffolk and Westchester Counties

The names of employees in titles existing in more than one collective bargaining unit will be interfiled on seniority rosters. The names of employees in titles designated “administrative services”, “operational services”, “institutional services” and/or “management or confidential” will be treated for retention and displacement purposes to be, as appropriate, within the “administrative services”, “operational services”, or “institutional services” bargaining unit. The names of employees in titles designated both “professional, scientific and technical services”, and “management or confidential”, will be treated for retention and displacement purposes to be within the “professional, scientific and technical services” bargaining unit.

In the Department of State

Authorities Budget Office

In the State University of New York

State University central office

Each constituent unit of the State University of New York

In the Department of Taxation and Finance

Division of the Lottery

Division of Tax Appeals

In the Department of Transportation

Each departmental region and the main office separately

Part 73 STATE HEALTH INSURANCE PLAN

4 CRR-NY 73.1 Definitions {#sec-4-crr-ny-73.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 73.1}

(a) The term plan or health insurance plan means the group hospitalization, surgical and medical insurance provided under the various contracts entered into pursuant to article XI of the Civil Service Law, and any amendments thereto, including all the benefits provided thereunder, and all conditions and limitations applicable thereto pursuant to such contracts or as prescribed by the President of the Civil Service Commission.

(b) The term employer or an employer shall include the State of New York (in all its departments and agencies and those departments and agencies of the State maintained and financed from special or administrative funds) and any participating employer. The term participating employer shall mean any public authority, public benefit corporation, school district, district corporation, municipal corporation or other public agency, subdivision or quasi-public organization which elects, with the approval of the President of the Civil Service Commission, to include its employees and/or retired employees in the plan.

(1) any person whose regular work schedule is less than 20 hours a week, other than:

(i) a person paid on an annual salary basis whose salary rate is $2,000 per year or more; provided, however, that for purposes of this definition a participating employer may establish a minimum in excess of 20 hours per week and/or a salary basis higher than $2,000 per year for purposes of determining eligibility under the plan;

(ii) a paid elective official of the State or paid member of a public legislative body or other local elective official, including a publicly elected member of a school board; provided, however, that the determination of eligibility under the plan for such official or member and employer contributions, if any, shall be permissive for any participating employer, except that any unpaid local elective official who occupies a position which by statute, local law, ordinance or resolution is expressly prohibited from receiving compensation or school board member electing to participate by reason of such membership shall be required to pay both the employer and the employee contribution for any coverage elected under the plan;

(iii) a person whose major source of income is from his employment with the employer; or

(iv) an unpaid board member of a public authority, provided he or she has six months or more of service in such position;

(2) any person appointed or elected for a term of less than six payroll periods, or, in the case of a person paid other than biweekly, for less than three months; provided, however, that for the purposes of this definition a participating employer may require a higher anticipated employment requirement, not to exceed six months for seasonal and/or temporary, or all employees;

(3) any person whose employment is scheduled for termination, other than by retirement, within three months after the effective date of the extension of the plan to employees of a participating employer;

(4) any person who is employed by a public educational institution on other than full-time basis and who is a student therein enrolled for a degree; or

(5) any person who retired prior to the effective date of the plan or of the extension of the plan to employees of his participating employer and who is subsequently reemployed on a temporary, seasonal or occasional basis.

(d) The term prior retiree means a person who has withdrawn from the active service of the employer prior to the effective date of the extension of the plan to employees of such employer and (1) was an employee of the employer as defined in subdivision (c) of this section for a total of not less than five years and (2) is receiving a retirement allowance or pension from any retirement or pension plan or system administered and operated by the State of New York, or a civil division thereof, including the New York State Teachers' Retirement System, but this last condition shall not serve to exclude from this definition any retired person whose retirement allowance is suspended by virtue of further government employment described in paragraph (5) of subdivision (c) of this section.

(e) The term post retiree shall mean a person who has become enrolled in the plan as an employee and whose coverage is being continued after his withdrawal from the active service of the employer under the eligibility privileges of the plan and who either:

(1) has retired as a member of a retirement or pension plan or system administered and operated by the State of New York, or a civil division thereof, including the New York State Teachers' Retirement System;

(2) was not a member of a retirement or pension plan or system referred to in paragraph (1) of this subdivision, and is withdrawn or does withdraw from the active service of an employer after attaining such age as would have been required to retire as a member of the New York State and Local Employees' Retirement System;

(3) was an unpaid elective official, and is withdrawn or does withdraw from active service after attaining such age as would have been required to retire as a member of the New York State and Local Employees' Retirement System;

(4) was a publicly elected member of a school board with 20 years or more of service in such position with such participating employer that elects to permit enrollment for such members; or

(5) was an unpaid board member of a public authority with 20 years or more of service in such position.

(f) The term retired employee shall include prior retiree and post retiree.

(g) The term vested employee means a person who (1) while enrolled in the plan as an employee discontinues from the service of an employer, other than by death or retirement, on or after October 1, 1966, (2) is and remains entitled to receive at a future time a retirement allowance or pension from a retirement or pension plan or system administered and operated by the State of New York or a civil division thereof, including the New York State Teachers' Retirement System, the State University Optional Retirement Program established under article 8-B of the Education Law and the Education Department Optional Retirement Program established under article 3, part V, of the Education Law in which latter two cases such person must have had at least 10 years of State service, and (3) at the time of such discontinuance of service meets all conditions, including length of service with the employer and length of coverage under the plan, necessary under these regulations for the continuance of coverage after retirement, and (4) in the case of an employee who discontinues from the service of a participating employer, the participating employer may establish an additional requirement that the employee's discontinuance be within five years of their entitlement to receive such retirement allowance or pension. Such person shall remain a vested employee until his entitlement to such future retirement allowance or pension is terminated or until he commences to receive such retirement allowance or pension, in which latter case he shall become a post retiree.

(h) The term dependent shall include the spouse of an employee or retired employee. It shall also include such person's unmarried child under 19 years of age, any unmarried child 19 years of age or older who is incapable of self-support by reason of mental or physical disability and who became so incapable before reaching the age at which dependent coverage would otherwise terminate, and any student dependent as hereinafter defined. The term child shall be deemed to include any natural born child, any legally adopted child and any stepchild dependent upon the employee or retired employee, any child dependent upon the employee or retired employee during any waiting period prior to the finalization of the child's adoption by the employee or retired employee, and any child chiefly dependent on the employee or retired employee and permanently residing in the household of the employee or retired employee. Dependent shall not include, however:

(1) any person who is covered as an employee or retired employee or as a dependent of another employee or retired employee under the health insurance plan;

(2) any person who is in the armed forces of any country;

(3) any person for whom evidence of acceptability for coverage furnished in accordance with the provisions of the health insurance plan is not accepted as satisfactory.

(i) The term student dependent means an employee's or retired employee's unmarried child 19 years of age or older but not yet 25 years of age; provided, however, that the time spent on military duty as defined in paragraph (b) of subdivision 1 of section 243 of the Military Law, not to exceed four years, shall be subtracted from the age of such child for purposes of determining the maximum age for eligibility as a student dependent who:

(1) receives more than half of his support from the employee or retired employee and is a full-time student at an accredited secondary or preparatory school or college; and

(2) is not otherwise eligible for employer group coverage.

4 CRR-NY 73.2 Eligibility {#sec-4-crr-ny-73.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 73.2}

(a) Employees.

(1) An employee shall be eligible for coverage under the plan for himself and for his dependents, if any, subject to the provisions of this Part and of the appropriate contracts applicable to employees and their dependents.

(2) Coverage for any employee or any employee's dependents may be effective on the first day of employment. However, a participating employer may require the employee to complete up to six months of service before coverage for the employee and the employee's eligible dependents becomes effective.

(3) Coverage for any employee and his dependents shall cease without notice on the date of termination of his status as an employee as defined in section 73.1 of this Part. The status of any person as an employee shall be deemed to terminate upon his severance from the payroll, except that, for the purpose of continuing his coverage under the plan, the status of such person as an employee shall be deemed to continue:

(i) during any period of authorized leave without pay or while a vested employee;

(ii) during any period for which payment of benefits is made under a State income protection plan;

(iii) during any period, not to exceed one year or until reemployment by the State or reemployment by another employer, whichever first occurs, or such shorter period as may be established by collective negotiations, in which the employee is suspended and his name is placed on a preferred list for reinstatement; provided, however, that such continuance shall be permissive for any participating employer;

(iv) in the event of the employee's retirement, if the employee has completed at least five years of service with the employer from whose service the employee has retired if such employee was hired prior to April 1, 1975 and such employer elected to participate in the plan prior to March 1, 1972; provided further that an employer may establish a service requirement greater than five years for purposes of determining eligibility for retirement for any employee hired after April 1, 1975 and may elect not to provide continuance of coverage for any employee hired on or after April 1, 1977. An employer so electing shall agree to do so for all employees or all employees in a class or category who, on retirement, meet the conditions specified;

(v) in the event of the retirement of an employee who has met the conditions specified in subparagraph (iv) of this paragraph from the service of an employer which elected to participate in the plan on or after March 1, 1972, if such employer elects, at its option, to treat such retiree as an employee. An employer so electing shall agree to do so for all employees who, on retirement, meet the conditions specified in subparagraph (iv) of this paragraph;

(vi) in the event of the employee's retirement with less than five years of service with the employer from whose service the employee has retired, or less service than established by such employer, pursuant to subparagraph (iv) of this paragraph, such employer, at its option, may provide for the continuance of coverage for such employee, provided that the applicable period of required service has been met through employment with one or more public employers and such employee has served a minimum of one year with the employer from whose service the employee has retired. An employer so electing to provide continuance of coverage shall agree to do so for all employees or all employees in a class or category who, on retirement, meet the conditions specified;

(vii) in the event the employee is, or has been, granted a service-connected disability retirement by a retirement or pension plan or system administered and operated by the State of New York or a civil division thereof, including the New York State Teachers' Retirement System, regardless of the employee's service with the employer;

(viii) in the event of the retirement of an unpaid local elective official with 20 years or more service in such position with a participating employer that elects to permit enrollment for such officials, or an unpaid local elective official who has at least five or more years service with a participating employer and who also meets or exceeds a locally established service requirement which is not less than that established for other employees of that locality; or

(ix) in the event of the retirement of a publicly elected member of a school board with 20 years' or more service in such position with a participating employer that elects to permit enrollment for such members.

(4) Notwithstanding the foregoing provisions, coverage under the plan for any person whose status as an employee terminates may continue for the period for which the required contributions of both the employee and the employer on account of such coverage were made, provided such contributions were payable to the Health Insurance Fund on or prior to the date of the termination of the status of such person as an employee. However, a participating employer may establish that coverage for any category of employees will cease on the last day of the month during which status as an employee terminates. In the event that no contributions are required of an employee for such coverage, coverage under the plan may continue, in the case of an employee paid on a biweekly basis, through the 28th day following the last day of the last payroll period during which the employee was employed and, in the case of an employee paid on a monthly basis, through the last day of the calendar month next following the last month during which the employee was employed, unless an earlier termination date for a particular category of employees has been established.

(5) Notwithstanding any of the foregoing provisions of this section, if the regular work schedule of an employee has been not less than 20 hours per week for at least one year and then is reduced to less than 20 hours per week under circumstances not expressly excepted under section 73.1(c)(1) of this Part, the president may, in his discretion and upon the request of the employer, deem such person's status as an employee to continue for a period not exceeding one year for the purpose of continuing his coverage under the plan. Thereafter, if the regular work schedule of such employee continues to be less than 20 hours per week, the president may, from time to time, review the case and, in his discretion, grant extensions not exceeding one year each during which such person's status as an employee may be deemed to continue.

(6) (i) In the event both husband and wife elect coverage under the plan as employees as defined in section 73.1 of this Part, there shall be coordination of benefits.

(ii) No employee may elect coverage under the plan with more than one employer. A person having elected coverage with two or more employers shall terminate coverage with all but one of such employers. If the employee does not do so forthwith, the employee shall be deemed to terminate coverage with all but the employer with whom coverage was first acquired.

(7) Notwithstanding any other provisions of this Part for the purpose of determining an employee's eligibility to apply accumulated but unused sick leave credits against the employee's cost of health insurance in retirement, an employee whose services are terminated on account of the abolition of positions in the State service and who retires within one year following such termination, shall be deemed to have been on leave without pay and thus eligible to have such credits applied.

(b) Continued coverage of dependents on death of employee or retired employee.

(1) Notwithstanding any other provisions of this Part in the event of the death of an employee or retired employee for whom charges are paid on a biweekly basis, the coverage hereunder of his dependents shall continue, following the payroll period in which death occurs, for the payroll periods for which contributions were made by such employee for coverage of such dependents and, in addition, thereafter, for the five next succeeding payroll periods. If such coverage has been provided by the employer without cost to the employee or retired employee, the coverage of such dependents shall continue for the seven biweekly payroll periods next succeeding the payroll period in which the employee's death occurs. In the event of the death of an employee or retired employee for whom charges are paid on a monthly basis, the coverage hereunder of his dependents shall continue, following the month in which death occurs, for the month or months for which contributions were made by such employee or retired employee for coverage of such dependents and, in addition, thereafter for the two next succeeding months, but in no event shall coverage extended under this paragraph exceed the three-month period next succeeding the month in which the employee's or retired employee's death occurs. If such coverage has been provided by the employer without cost to the employee or retired employee, the coverage of such dependents shall continue for the three-month period next succeeding the month in which the employee's or retired employee's death occurs.

(2) Where the circumstances of death of the covered employee are such that an accidental death benefit from a retirement system or pension plan administered by the State or a civil division or a death benefit under the Workers' Compensation Law is payable, dependents shall be eligible for continued coverage, following expiration of the period of coverage provided in paragraph (1) of this subdivision, in accordance with and subject to the provisions of subdivision 2 of section 165 of the Civil Service Law. If an application or claim has been made for an accidental death benefit from a retirement system or pension plan or for death benefits under the Workers' Compensation Law, such dependents shall be eligible for continued coverage under this paragraph pending determination of such application or claim and provided the same is diligently prosecuted by the applicant or claimant. Coverage of dependents may be continued under this paragraph only if written application for such continued coverage is filed with the Department of Civil Service within 90 days after the death of the employee. In the case of dependents of an employee who died before July 1, 1964, such dependents who would otherwise be eligible for coverage under subdivision 2 of section 165 of the Civil Service Law if such section had been in effect at the time of such death shall be eligible for coverage under the plan, provided written application for such coverage is filed with the Department of Civil Service on or before December 31, 1964. Coverage of dependents of a deceased employee under this paragraph may be continued only for so long as such dependents would otherwise be eligible for coverage if the employee had lived and continued to be covered in the health insurance plan, and the surviving spouse for only so long as he or she remains unremarried.

(3) Notwithstanding any other provisions of this Part, in the event of the death of an employee or retired employee on or after September 1, 1968, who was an employee of the State and/or of a political subdivision thereof for not less than 10 years and who had been a participant in any of the health insurance plans, the unremarried spouse of such deceased employee or retired employee and/or the other qualified dependents, if any, may elect in writing to continue their present health insurance coverage, provided that the election to continue such coverage and tender of a premium payment equal to one quarter of the full share annual premium is made prior to the cessation of such coverage. If the spouse has remarried at the time of the election to continue coverage or remarries at any time after the election, he or she is ineligible to continue in the plan, but the other dependents, if any, may continue in the plan as provided by this Part.

Upon the extension of the plan to prior retirees of an employer, each such prior retiree shall be eligible for coverage under the plan for himself and his dependents, if any, subject to the provisions of this Part and of the appropriate contracts applicable to prior retirees and their dependents, provided he makes application for such coverage within the time specified therefor by the president.

(d) Cessation of eligibility upon termination of the plan or participation of employer.

Upon the termination of the plan by the State, or of the status of an employer as a participating employer by reason of default in the payment of charges, or by withdrawal or expulsion or otherwise, the coverage and eligibility for coverage of its employees and retired employees shall cease as of the end of the last period for which the required contributions of both employer and employee have been paid to the Health Insurance Fund.

(e) Disqualification.

The president may disqualify from participation in the health insurance plan and from receiving benefits thereunder any employee or retired employee or dependent of an employee or retired employee who has secured or attempted to secure participation in the health insurance plan or benefits under the plan for himself or another by fraud, deception or a false statement of a material fact, or who has accepted benefits for himself or another knowing he was not entitled thereto. No person shall be disqualified or denied benefits pursuant to this subdivision unless he is first given a written statement of the reasons therefor and afforded an opportunity to make an explanation and submit facts in opposition to such action. Such employee, retired employee or dependent of an employee or retired employee may be restored to eligibility for coverage under the plan only on approval of the president and subject to such conditions as may be imposed by the president, including repayment of sums expended for benefits obtained by fraud, deception or false statement of a material fact, or accepted by the employee with knowledge that he was not entitled thereto.

4 CRR-NY 73.3 Charges and contributions {#sec-4-crr-ny-73.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 73.3}

(a) Charges for coverage.

Charges for coverage of employees of the State whose salaries are paid on a biweekly basis shall be payable to the respective insurers on a corresponding biweekly basis. Charges for coverage of all other employees and for coverage of all retired employees shall be payable to the respective insurers on a monthly basis. All such charges are subject to change from time to time in accordance with the provisions of the respective contracts or otherwise upon amendment of any such contract.

(b) Rate of contribution.

The rate of contribution of New York State on account of the coverage of its employees, post retirees and their dependents shall be 100 percent of the charge on account of individual coverage and 75 percent of the charge on account of dependent coverage, except that for the health maintenance organization options the State's contribution shall not exceed the same dollar amount as is paid by the State under the basic benefit plan. Effective October 1, 2011, for those employees employed in a title allocated or equated to salary grade 9 or below, the State's rate of contribution for such employees and their dependents enrolled in the Empire Plan or a health maintenance organization shall be 88 percent of the charge on account of individual coverage and 73 percent of the charge on account of dependent coverage; provided, however, that for hospital/medical/mental health and substance abuse coverage provided under a health maintenance organization, the State's rate of contribution shall not exceed 100 percent of its dollar contribution for such coverage under the Empire Plan. For employees employed in a title allocated or equated to salary grade 10 or above, the State's rate of contribution for such employees and their dependents enrolled in the Empire Plan or a health maintenance organization shall be 84 percent of the charge on account of individual coverage and 69 percent of the charge on account of dependent coverage, provided, however, that for hospital/medical/mental health and substance abuse coverage provided under a health maintenance organization, the State's rate of contribution shall not exceed 100 percent of its dollar contribution for such coverage under the Empire Plan. Effective October 1, 2011, the rate of contribution on account of the coverage of post retirees shall be as follows:

(1) for retirees who retired on or after January 1, 1983, and employees retiring prior to January 1, 2012, New York State shall contribute 88 percent of the charge on account of individual coverage and 73 percent of the charge on account of dependent coverage, provided, however, that for hospital/medical/mental health and substance abuse coverage provided under a health maintenance organization, the State's rate of contribution shall not exceed 100 percent of its dollar contribution for such coverage under the Empire Plan;

(2) for employees retiring on or after January 1, 2012, from a title allocated or equated to salary grade 9 or below, New York State shall contribute 88 percent of the charge on account of individual coverage and 73 percent of the charge on account of dependent coverage, provided, however, that for hospital/medical/mental health and substance abuse coverage provided under a health maintenance organization, the State's rate of contribution shall not exceed 100 percent of its dollar contribution for such coverage under the Empire Plan;

(3) for employees retiring on or after January 1, 2012, from a title allocated or equated to salary grade 10 or above, New York State shall contribute 84 percent of the charge on account of individual coverage and 69 percent of the charge on account of dependent coverage, provided, however, that for hospital/medical/mental health and substance abuse coverage provided under a health maintenance organization, the State's rate of contribution shall not exceed 100 percent of its dollar contribution for such coverage under the Empire Plan.

The rate of contribution of a participating employer on account of the coverage of its employees, post retirees and their dependents shall be not less than 50 percent of the charge on account of individual coverage and 35 percent of the charge on account of dependent coverage. A participating employer may elect to pay higher rates of contribution for the coverage of its employees, retired employees and their dependents; provided, however, that if a participating employer so elects to pay a higher or lower rate of contribution for its retired employees or their dependents, or both, than that paid by the State for its retired employees or their dependents, or both, amounts withheld from the retirement allowances of its retired employees for their share of premium or subscription charges, if any, shall, if the president so requires, be paid to such participating employer which shall pay into the health insurance fund the full cost of premium or subscription charges for the coverage of such retired employees and their dependents; and provided that notice of such election shall be furnished to the Department of Civil Service not less than 60 days prior to the date on which it is proposed to make such higher rate of contribution effective. The contributions payable by a prior retiree shall be equal to the contributions payable by active employees and post retirees having similar coverages; the employer's contributions shall be the difference between the contributions of the prior retiree and the total charges on account of coverage for such prior retiree. Notwithstanding the foregoing provisions:

(i) An employee on leave without pay, an employee or former employee receiving long-term disability payments from a State income protection plan, or a vested employee whose coverage is continued pursuant to this Part shall be required to pay the entire charge (both employee's and employer's contributions) on account of such coverage for each full pay period of absence or while having the status of a vested employee, as the case may be. Provided, however, any vested employee who is currently entitled to, but defers receipt of, a retirement allowance or pension from a retirement or pension plan or system administered and operated by the State of New York, or a civil division thereof, including the New York State Teachers' Retirement System or under the optional retirement programs established under article 3, part V, and article 8-B of the Education Law shall pay only the employee share of the charge. In addition, an employer may elect to continue the employer share of health insurance premiums for employees in authorized leave without pay status for periods aggregating not more than two years provided such payment is available to all members of a class or category of employee, and the employer provides written notice of such election to the Department of Civil Service at least 60 days prior to the date on which it is proposed to make such payment available. Such payment may be extended an additional two years by the State Civil Service Commission for good cause shown and where the interests of the government would be served. Where payment has been made for a period which aggregates two years, or for an additional two year period where extended under this paragraph, no further extensions shall be granted unless the employee returns to his or her position and serves continuously therein for the six month period immediately preceding the subsequent leave of absence.

(ii) A covered prior retiree whose retirement allowance is suspended by virtue of his further government employment in a capacity other than as an officer or employee of the employer from whose service he retired shall be required to pay the entire charge on account of such coverage for the period during which his retirement allowance is suspended. If further government service is as an officer or employee of the employer from whose service he retired, such employer shall pay the required employer's contributions.

(iii) The employer shall pay the entire charge for the coverage of dependents of a deceased employee for the period of continued coverage provided in section 73.2(b)(1) of this Part, following the period for which contributions for coverage of such dependents were made by the employee.

(iv) Dependents of a deceased employee for whom coverage is continued pursuant to section 73.2(b)(2) of this Part, shall be required to pay the entire charge on account of such coverage. The initial payment shall be required in advance of such coverage and, thereafter, advance payments shall be required at such intervals as may be prescribed by the President of the Civil Service Commission.

(v) Dependents of deceased State correction officers or civilian employees of a correctional facility whose death occurred as the result of injuries sustained during the period from September 9, 1971 to September 13, 1971 whose coverage is continued pursuant to section 73.2(b)(2) of this Part shall have the full cost of such coverage paid by the State; provided, however, that in the case of those enrolled in an optional benefit plan, the State shall contribute not more than the same dollar amount which would be paid if such unremarried spouse and dependents were enrolled in the basic Statewide health insurance plan and further provided that application for continuation of such coverage is made prior to September 1, 1972.

(vi) The employer shall pay an additional sum each month equal to the current monthly Federal Medicare charge as the employer's share of the cost of coverage for each employee and dependent covered under the health insurance plan who is 65 years of age or older.

(vii) The unremarried spouse and/or other dependents of a deceased employee who elect to continue coverage in the plan as provided in section 73.2(b)(3) of this Part shall be required to pay the entire charge (both employee's and employer's contributions) on account of such coverage.

(viii) No participating employer shall be required to pay the cost of premium or subscription charges for the coverage of unpaid local elective officials or their dependents. Provided however, in instances where there is no statute, local law, or ordinance or resolution which expressly prohibits an unpaid local elective official from receiving compensation and the participating employer elects to contribute toward such premium or subscription charges, the participating employer's rate of contribution shall be not less than 50 percent of the charge on account of individual coverage and 35 percent of the charge on account of dependent coverage. Post-retirees who continue coverage in the plan by virtue of having served as unpaid local elective officials and who are expressly excluded from compensation by statute, local law, ordinance or resolution, shall be required to pay the entire charge (both the employee's and employer's contribution) on account of such coverage.

(ix) The post-retiree who continues coverage in the plan by virtue of 20 years' or more service as a publicly elected school board member with a participating employer shall be required to pay the entire charge (both employee's and employer' s contribution) on account of such coverage.

(1) The contributions required to be paid by an employee on account of coverage for himself and his dependents shall be deducted from his salary or wages by the chief fiscal officer of the employer. In the case of a retired employee his required contributions shall be deducted from his retirement allowance by the fiscal officer responsible for the payment of such allowance, but in the event that his retirement allowance is suspended by virtue of his further government employment as an officer or employee of the employer from whose service he retired his required contributions shall be deducted from his salary or wages. In the case of a retired employee of a participating agency which has elected to pay a higher rate of contribution for its retired employees or their dependents than is paid by the State for its retired employees and their dependents pursuant to subdivision (b) of this section, the amount deducted from his retirement allowance as his required contribution shall be paid by the fiscal officer responsible for the payment of such allowance to the chief fiscal officer of the participating employer. During any period when an employee or retired employee is not receiving a salary, wages or a retirement allowance and his coverage is continued pursuant to this Part, he shall make the payments required of him on account of such coverage directly to the chief fiscal officer of the participating employer or in the case of a State employee to the health insurance pending account.

(2) The sums to be deducted from salaries, wages or retirement allowances or otherwise paid by direct payment shall be as determined by the president or in the case of a participating employer by the appropriate fiscal officer, and shall be in sufficient amounts so that the full contributions of employees and retired employees due and payable to the health insurance fund as provided in section 73.8 of this Part will have been so deducted or otherwise paid on or before the appropriate due date.

(3) Payments required on account of coverage of surviving dependents, for whom coverage is continued pursuant to section 73.2(b)(2) of this Part, shall be made directly to the health insurance pending account or, upon written request of the surviving dependent, such contribution shall be deducted from any retirement allowance to which such survivor is entitled. In the case of surviving dependents of a deceased employee of a participating employer, such payments shall be made to the chief fiscal officer of such participating employer.

(4) Payments required on account of coverage of the unremarried surviving spouse and/or other dependents for whom coverage is continued pursuant to section 73.2(b)(3) of this Part shall be made on a quarterly basis directly to the health insurance pending account or, upon written request of the surviving dependent, such contribution shall be deducted from any retirement allowance to which such survivor is entitled. In the case of a surviving unremarried spouse and/or other dependents of a deceased employee or retired employee of a participating employer, such payments shall be made to the chief fiscal officer of such participating employer.

4 CRR-NY 73.4 Administrative responsibilities of the employer {#sec-4-crr-ny-73.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 73.4}

(a) The employer shall be responsible for performing the following administrative functions:

(1) enrollment of employees, retired employees, and their dependents;

(2) preparation and distribution of identification cards, and distribution of certificates for enrolled employees and retired employees, and such other materials as may be required in connection with the administration of the plan;

(3) maintenance of enrollment and up-to-date eligibility records for covered employees and retired employees;

(4) prompt certification to the insurers of eligibility or noneligibility for benefits for the employees and retired employees, and their dependents, claiming benefits and prompt notification to the carriers, as necessary, of the enrollment, change in status and termination of coverage of its covered employees;

(5) collection of any unpaid and past due employee contributions and refunding of any excess amounts contributed by employees;

(6) reporting such information and data concerning the administration and operation of the plan as the President of the Civil Service Commission may request.

(b) Such functions shall be carried out in conformity with standards and procedures approved by the President of the Civil Service Commission. Enrollment and eligibility records shall be maintained in a manner and form approved by the president.

4 CRR-NY 73.5 Assessment and payment of administrative expenses {#sec-4-crr-ny-73.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 73.5}

Assessments of proportionate shares of expenses of administration of the plan pursuant to section 168 of the Civil Service Law shall be made annually on March 31st, in accordance with a formula approved by the president. A statement of each assessment shall be sent to the appropriate fiscal officer and shall show the formula used and the actual computation of the assessment. Such assessment shall be payable within 30 days after such statement is rendered, by check made payable to the State Commissioner of Taxation and Finance, and forwarded to the President of the Civil Service Commission. Failure to pay any such assessment promptly shall constitute cause for expulsion.

4 CRR-NY 73.6 Application for inclusion in the plan {#sec-4-crr-ny-73.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 73.6}

(a) Cost estimates.

Upon the request of the governing body of any authority, corporation, district, agency, subdivision or organization eligible to become a participating employer pursuant to section 163 of the Civil Service Law, accompanied by a certificate of the chairman or other presiding officer thereof certifying as to the number of its employees and/or retired employees who would be eligible to participate in the plan, the President of the Civil Service Commission shall provide an estimate of the costs, including assessments for administrative expenses, based on current and anticipated charges at the time of the estimate, which would have to be paid by such authority, corporation, district, agency, subdivision or organization on account of the coverage of its employees and/or retired employees in the plan.

(b) Application for inclusion.

(1) Any such authority, corporation, district, agency, subdivision or organization may apply for the inclusion of its employees in the plan by submitting to the president the following: a certified copy of a resolution of its governing body electing such inclusion, duly adopted pursuant to subdivision 4 of section 163 of the Civil Service Law, which resolution shall be in a form approved by the president, and an appropriate certificate of the clerk, or if there be no clerk, the chairman or other presiding officer of such governing body certifying that a specified sum or sums of money have been appropriated for the purpose of paying the employer's contributions and expenses on account of the coverage of such employees and their dependents in the plan.

(2) Prior retirees of such authority, corporation, district, agency, subdivision or organization may also be included in such application, or separate application with respect to such prior retirees may be made at another time thereafter in the same manner.

(3) The president may request such further data, certificates or information in connection with any such application as he may deem necessary or desirable.

(4) No such application shall be approved unless it appears to the satisfaction of the president that sufficient sums have been appropriated to reasonably assure the availability of monies for the payment of anticipated employer's costs, including assessments for administrative expenses until the end of the employer's eligible fiscal year in which the expected effective date of the extension of the plan to such employees or prior retirees occurs.

4 CRR-NY 73.7 Effective date of coverage {#sec-4-crr-ny-73.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 73.7}

(a) Upon the approval of the application of any authority, corporation, district, agency, subdivision, or organization for the inclusion of its employees and/or prior retirees in the plan, it shall become a participating employer, and the president shall thereupon fix an effective date for the commencement of coverage of such employees and/or prior retirees, as the case may be. Such effective date shall be fixed with due regard to a reasonable time allowance needed for educational, promotional and enrollment purposes and other administrative requirements. The president may, in his discretion, fix a schedule of effective dates of coverage with respect to newly approved participating employers on a quarterly basis or at such other time intervals as he may deem appropriate.

(b) Notwithstanding such effective date for coverage as may be fixed by the president and except as provided in this subdivision, coverage shall not become effective with respect to the employees of a participating employer unless 75 percent of all persons eligible for coverage as employees of such participating employer shall enroll for such coverage. If a participating employer provides coverage for only a class of its employees designated by it in accordance with paragraph (a) of subdivision 2 of section 221 of the Insurance Law, the coverage shall not become effective until 75 percent of the class shall enroll for such coverage. If two or more classes of employees are covered simultaneously, the 75 percent requirement shall apply to the total of such two or more classes which shall be considered one group. If a class of employees not initially covered is subsequently extended the opportunity to enroll, then 75 percent of the employees of that class must enroll for coverage before such coverage can become effective for that class. If two or more classes not initially covered are subsequently and simultaneously extended the opportunity to enroll, then the 75 percent requirement shall apply to the total of such two or more classes which shall be considered one group. For the purposes of this subdivision, the prior retirees of a participating employer are deemed to be a class. The president shall make the final administrative determination whether any purported class set forth in an application for coverage is a class permitted by law. No coverage shall become effective until the employer and employee contributions therefor have been paid into the Health Insurance Fund.

4 CRR-NY 73.8 Payments to Health Insurance Fund {#sec-4-crr-ny-73.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 73.8}

(a) The total contributions required to insure covered employees and retired employees for any calendar month shall be due and payable to the Health Insurance Fund on the first day of the preceding calendar month.

(b) The chief fiscal officer of the participating employer shall, on the first day of each month, pay to the Health Insurance Fund the sum of:

(1) the contributions paid by covered employees and retired employees (except contributions deducted from retirement allowances other than as provided in paragraph [3] of this subdivision) required to insure them for the following calendar month;

(2) the contributions required to be paid by the participating employer for the coverage of all covered employees and retired employees of such participating employer for the following calendar month; and

(3) in the case of a participating employer electing to pay a higher rate of contribution for the coverage of its retired employees and their dependents, the contributions deducted from retirement allowances and paid to the chief fiscal officer of such participating employer pursuant to subdivision (b) of section 73.3 of this Part.

(c) Each such payment by a participating employer shall be accompanied by an accounting thereof to be set forth on an appropriate form prescribed by the president.

(d) No monies in the Health Insurance Fund, other than the sums received therefor from the participating employer, shall be committed, encumbered or advanced to pay for the coverage of the employees and retired employees of such participating employer. The sums due on the first day of any month must be paid to the Health Insurance Fund promptly; and if not so received, the participating employer shall be in default and coverage of the employees and retired employees of such participating employer shall terminate at the end of the month for which payments have been made. However, upon application of any employer who has so defaulted, the president may authorize the reinstatement of such employer as a participating employer after a lapse of a minimum of two months following the cessation of the coverage of its employees and retired employees; provided, however, that the president may, in his discretion and for good cause shown, reduce or waive such two-month waiting period.

(e) If an employee is insured under an option under which he and his covered dependents, if any, are entitled to benefits on a continuing basis until such time as the participating employer notifies the insurer of the termination of his coverage, the participating employer shall guarantee and be liable for the payment to the Health Insurance Fund of all charges on account of the coverage of such employee and his covered dependents, if any, for all payroll periods preceding and the period within which the insurer is notified by the participating employer of the termination of such coverage.

4 CRR-NY 73.9 Inspection of records {#sec-4-crr-ny-73.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 73.9}

All records in the possession of the participating employer or its officers or agents which have a bearing on the participation of employees or retired employees in the health insurance plan, or which otherwise have any bearing on the administration or operation of the health insurance plan, shall be open to the inspection of representatives of the president and the insurers at all reasonable times.

4 CRR-NY 73.10 Withdrawal from the plan {#sec-4-crr-ny-73.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 73.10}

(a) A participating employer which intends to withdraw from the plan shall give notice of such intention to the president and to its covered employees and retired employees at least 90 days in advance of the last date for which coverage will be provided.

(b) A participating employer which withdraws from the plan shall not be eligible to rejoin the plan for one year following such withdrawal except with the consent of the president. The granting or denial of such consent shall be based on the extent to which the participating employer carried out its duties and responsibilities as required under the plan and this Part during the period of prior participation, with due consideration being given to:

(1) timely payment of premiums due;

(2) assignment of personnel to administer the plan;

(3) conformance in its assignment of effective dates and termination dates to permitted program options;

(4) compliance with plan Medicare reimbursement requirements;

(5) adherence to established eligibility requirements;

(6) proper distribution of certificates describing plan benefits, restrictions and penalties; and

(7) prior withdrawal(s).

(c) As a condition of rejoining the plan, the president shall require an employer to pay a charge for recoupment of deficits incurred during the period of prior participation which would have been reflected in the premium which would have been paid had such employer participated during the period of withdrawal. Charges for recoupment of deficits which are due by a participating employer shall be payable at a time and in a manner to be determined by the president.

4 CRR-NY 73.11 Expulsion from the plan {#sec-4-crr-ny-73.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 73.11}

(a) The president may expel a participating employer from the plan upon finding that fraud or abuses in the administration of the plan have been committed or permitted by the acts or neglect of its officers or agents, or that the participating employer has failed to carry out satisfactorily its duties and responsibilities as required under the plan and by this Part. Such expulsion shall be effective not sooner than two months after notice thereof has been given by the president to the governing body of the participating employer.

(b) A participating employer which is expelled from the plan shall not be eligible to rejoin the plan for one year following such expulsion.

4 CRR-NY 73.12 Negotiating units {#sec-4-crr-ny-73.12 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 73.12}

The provisions of this Chapter, insofar as they apply to employees in the negotiating units established pursuant to article 14 of the Civil Service Law and their dependents, shall be continued; provided, however, that during periods of time when there is in effect an agreement between the State and an employee organization reached pursuant to the provisions of said article 14, the provisions of such agreement and the provisions of this Chapter shall both be applicable. In the event the provisions of the agreement are different from the provisions of this Chapter, the provisions of the agreement shall be controlling. The president may, upon approval by the Director of the Budget, provide for the extension of the negotiated provisions of such agreement, in whole or in part, to officers and employees not in a negotiating unit within the meaning of article 14 of the Civil Service Law and may extend provisions regarding the modified State cost of premium or subscription charges to such employees or retirees.

Part 74 STATE DENTAL INSURANCE PLAN

4 CRR-NY 74.1 Definitions {#sec-4-crr-ny-74.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 74.1}

(a) The term plan or dental insurance plan means the group dental insurance provided under the contract or contracts entered into pursuant to article XI of the Civil Service Law, and any amendments thereto, including all the benefits provided thereunder, and all conditions and limitations applicable thereto pursuant to such contracts or as prescribed by the President of the Civil Service Commission.

(b) The term employer or an employer shall include the State of New York (in all its branches, departments and agencies and certain departments and agencies of the State maintained and financed from special or administrative funds) and any participating employer. The term participating employer shall mean the public authorities, public benefit corporations and quasi-public organizations of the State which elect, with the approval of the President of the Civil Service Commission, to include their employees in the plan.

(1) who is in a negotiating unit covered by the provisions of an agreement negotiated pursuant to article 14 of the Civil Service Law providing for participation in this plan;

(2) who has been designated as managerial or confidential;

(3) who is employed in the Division of Military and Naval Affairs;

(4) who is a paid elected official or a paid member of a public legislative body or who is employed by such body as other than a session employee;

(5) who is a State-paid member of the Judiciary or a State-paid employee thereof; or

(6) who is employed by the New York State Public Employment Relations Board;

provided, however, the term employee shall not include any person whose regular work schedule is less than half-time, unless such person is a paid elected official or a paid member of a public legislative body; and further provided that no person shall be deemed to be an employee for the purposes of this plan who is employed by a public educational institution on other than a full-time basis and who is a student therein enrolled for a degree.

(d) The term dependent shall include the spouse of an employee. It shall also include such person's unmarried child under 19 years of age, any unmarried child 19 years of age or older who is incapable of self-support by reason of mental or physical disability and who became so incapable before reaching the age at which dependent coverage would otherwise terminate, and any student dependent as hereinafter defined, excluding, however, any person who is in the Armed Forces of any country. The term child shall be deemed to include any natural born child, any legally adopted child and any stepchild dependent upon the employee, any child dependent upon the employee during any waiting period prior to the finalization of the child's adoption by the employee, and any child chiefly dependent on the employee and permanently residing in the household of the employee.

(e) The term student dependent means an employee's unmarried child 19 years of age or older but not yet 25 years of age who receives more than half of his support from the employee and is a full-time student at an accredited secondary or preparatory school or college and is not otherwise eligible for employer group coverage; provided, however, that any time spent on military duty as defined in paragraph (b) of subdivision 1 of section 243 of the Military Law, not to exceed four years, shall be subtracted from the age of such child for purposes of determining the maximum age for eligibility as a student dependent.

4 CRR-NY 74.2 Eligibility {#sec-4-crr-ny-74.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 74.2}

(a) Employees.

(2) No employee may be covered under this plan until he has completed six months of service following date of last entry into the service of the State or a participating employer. Each appointment, or election, or reinstatement following a break in service, shall be considered a new entry into service.

(3) Coverage for any employee and his dependents shall cease without notice upon termination of his status as an employee as defined in section 74.1 of this Part. The status of any person as an employee shall be deemed to terminate upon his severance from the payroll for any reason, including retirement, except that for the purpose of continuing his coverage under the plan, the status of such person as an employee shall be deemed to continue during any period of authorized leave without pay or during any other period of separation from the payroll for which the employer continues contributions on behalf of the employee and his dependents. For the purpose of this plan, employees in vested status, on preferred lists or on seasonal layoff are not considered to be on leave without pay.

(4) Notwithstanding the foregoing, coverage under the plan for any person whose status as an employee terminates shall continue through the last day of the calendar month in which his employment ceases. Coverage of his enrolled dependents shall continue for the same period.

(5) Notwithstanding any other provisions of this Part, if the regular work schedule of an employee has been not less than half-time per week for at least one year and then is reduced to less than half-time per week under circumstances not expressly excepted under section 74.1(c) of this Part, the president may, in his or her discretion and upon the request of the employer, deem such person's status as an employee to continue for a period not exceeding one year for the purpose of continued coverage under the plan. Thereafter, if the regular work schedule of such employee continues to be less than half-time per week, the president may, from time to time, review the case and, in his or her discretion, grant extensions not exceeding one year each during which such person's status as an employee may be deemed to continue.

(6) In the event both husband and wife elect coverage under the plan as employees as defined in section 74.1 of this Part, there shall be coordination of benefits.

(7) Notwithstanding any other provisions of this Part in the event of the death of an employee, the coverage hereunder of his dependents shall continue through the last day of the calendar month in which death occurs.

(b) Cessation of eligibility upon termination of the plan.

Upon the termination of the plan by the State, the coverage and eligibility for coverage of its employees shall cease as of the end of the last period for which the required contributions have been paid to the insurance carrier.

The president may disqualify from participation in the dental insurance plan and from receiving benefits thereunder any employee who has secured or attempted to secure participation in the dental insurance plan or benefits under the plan for himself or another by fraud, deception or a false statement of a material fact, or who has accepted benefits for himself or another knowing he was not entitled thereto. No person shall be disqualified or denied benefits pursuant to this subdivision unless he is first given a written statement of the reasons therefor and afforded an opportunity to make an explanation and submit facts in opposition to such action. Such employees may be restored to eligibility for coverage under the plan only on approval of the president and subject to such conditions as may be imposed by the president, including repayment of sums expended for benefits obtained by fraud, deception or false statement of a material fact, or accepted by the employee with knowledge that he was not entitled thereto.

4 CRR-NY 74.3 Contributions {#sec-4-crr-ny-74.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 74.3}

(a) Rate of contribution.

The rate of contribution of the State on account of the coverage of its employees and their dependents shall be 100 percent of the charge on account of individual coverage and 100 percent of the charge on account of dependent coverage. Notwithstanding the foregoing provisions an employee on leave without pay, whose coverage is continued pursuant to this Part shall be required to pay the entire charge on account of such coverage for each full month of absence.

(b) Assessment of certain costs.

(1) If the salary or compensation of any eligible officers and employees of the State is paid from a special or administrative fund or funds, other than the State purposes fund or the local assistance fund of the general fund of the State or the capital construction fund or an income fund of the State University or the mental hygiene services fund, such fund or funds shall be charged, and there shall be paid therefrom as hereinafter provided the employer's share of the premium for the coverage of such officers and employees under the dental insurance plan. A participating employer may pay the same rate of contribution paid by the State, or may require that its employees contribute a percentage of the premium cost. Such amounts shall be paid, at such times and in such manner as shall be specified by the president.

(2) If the salary or compensation of any officers and employees of the State is payable from a special or administrative fund or funds, other than the State purposes fund or the local assistance fund of the general fund of the State or the capital construction fund or an income fund of the State University or the mental hygiene services fund, a proportionate share of the expenses of administration of the dental insurance plan, on account of coverage of such officers and employees, shall be payable from such fund or funds. Any participating employer which has extended the plan to its employees shall also be charged its proportionate share of expenses of administration of the plan. The proportionate share of the expenses of administration of the State dental insurance plan chargeable pursuant to this subdivision to any special or administrative fund shall be determined by the president and shall be payable at such times as may be fixed by him.

4 CRR-NY 74.4 Administrative responsibilities of employers {#sec-4-crr-ny-74.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 74.4}

(a) Each employing agency shall be responsible for performing the following administrative functions:

(1) enrollment of employees and their dependents;

(2) distribution of certificates and such other materials as may be required in connection with the administration of the plan;

(3) maintenance of enrollment and up-to-date eligibility records for covered employees;

(4) reporting enrollment transactions in a manner and form approved by the president; and

(5) reporting such information and data concerning the administration and operation of the plan as the president may require.

(b) Such functions shall be carried out in conformity with standards and procedures approved by the president. Enrollment and eligibility records shall be maintained in a manner and form approved by the president.

4 CRR-NY 74.5 Application for inclusion in the plan as a participating employer {#sec-4-crr-ny-74.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 74.5}

Any public authority, public benefit corporation, or quasi-public organization of the State may apply for the inclusion of its employees in the plan by submitting to the president a certified copy of a resolution of its governing body electing such inclusion, which resolution shall be in a form approved by the president.

4 CRR-NY 74.6 Initial coverage date for participating employers {#sec-4-crr-ny-74.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 74.6}

Upon the approval of the application of any public authority, public benefit corporation, or quasi-public organization of the State for the inclusion of its employees in the plan, it shall become a participating employer and the president shall thereupon fix an effective date for the commencement of coverage of such employees. Such effective date shall be fixed with due regard to a reasonable time allowance needed for educational, promotional and enrollment purposes and other administrative requirements. The president may, in his discretion, fix a schedule of effective dates of coverage with respect to newly approved participating employers.

4 CRR-NY 74.7 Payments to dental insurance fund {#sec-4-crr-ny-74.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 74.7}

(a) The total contributions required to insure covered employees for any calendar month shall be due and payable by the chief fiscal officer of the participating employer to the dental insurance fund on the 10th day of the coverage month.

(b) Each such payment by a participating employer shall be accompanied by an appropriate form prescribed by the president.

(c) No monies in the dental insurance fund, other than the sums received therefor from the participating employer shall be committed, encumbered, or advanced to pay for the coverage of the employees of such participating employer.

(d) The sums due on the 10th day of any month must be paid to the dental insurance fund by the end of that month; and if not so paid, the president may determine that the participating employer is in default and coverage of the employees of such participating employer shall terminate at the end of the last month for which payments were made. However, the president may authorize the reinstatement of coverage of the employees of the participating employer upon payment of all overdue amounts.

4 CRR-NY 74.8 Inspection of records {#sec-4-crr-ny-74.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 74.8}

All records in the possession of the participating employer of its officers or agents which have a bearing on the participation of employees in the dental insurance plan, or which otherwise have any bearing on the administration or operation of the dental insurance plan, shall be open to the inspection of representatives of the president and the insurers at all reasonable times.

4 CRR-NY 74.9 Withdrawal from the plan {#sec-4-crr-ny-74.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 74.9}

Notice of intention to withdraw from the plan shall be given to the president and to the employer's employees at least 60 days in advance of the last date for which coverage will be provided. An employer who withdraws or is expelled from the plan shall not be eligible to rejoin the plan for one year thereafter unless, in the exercise of the president's discretion, for good cause shown, such period is reduced or waived.

4 CRR-NY 74.10 Expulsion from the plan {#sec-4-crr-ny-74.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 74.10}

The president may expel a participating employer from the plan upon finding that fraud or abuses in the administration of the plan have been committed or permitted by the acts or neglect of its officers or agents, or that the participating employer has failed to carry out satisfactorily its duties and responsibilities as required under the plan and by this Part. Such expulsion shall be effective not sooner than two months after notice thereof has been given by the president to the governing body of the participating employer.

4 CRR-NY 74.11 Negotiating units {#sec-4-crr-ny-74.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 74.11}

The provisions of this Chapter, insofar as they apply to employees in the negotiating units established pursuant to article 14 of the Civil Service Law and their dependents, shall be continued; provided, however, that during periods of time when there is in effect an agreement between the State and an employee organization reached pursuant to the provisions of said article 14, the provisions of such agreement and the provisions of this Chapter shall both be applicable. In the event the provisions of the agreement are different from the provisions of this Chapter, the provisions of the agreement shall be controlling. The president may, upon certification by the Director of Employee Relations, provide for the supplementation of benefits provided hereinabove for officers and employees not in a negotiating unit within the meaning of article 14 of the Civil Service Law.

Part 75 MANAGERIAL/CONFIDENTIAL GROUP TERM LIFE INSURANCE PLAN

4 CRR-NY 75.1 Definitions {#sec-4-crr-ny-75.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 75.1}

(a) The term plan means the group term life insurance provided under contract with an insurer, and amendments thereto, including all the benefits provided thereunder, and all conditions and limitations applicable pursuant to such contracts or as prescribed by the President of the Civil Service Commission for employees serving in positions designated managerial/confidential pursuant to article 14 of the Civil Service Law.

(b) The term insurer means an insurance corporation or company subject to supervision by the New York State Insurance Department. The insurer shall be designated by the president.

(c) The term employer shall include the State of New York (in all its departments and agencies and those departments and agencies of the State maintained and financed from special or administrative funds) and any participating employer. The term participating employer shall mean a county, city having a population of less than one million inhabitants, town, village or any other political subdivision or civil division of the State, a school district or any governmental entity operating a public school, college or university, a public improvement or special district, a public authority, commission or public benefit corporation, or any other public corporation, agency or instrumentality or unit of government which exercises governmental powers under the laws of this State, which elects, with the approval of the president, to include its employees and retirees in the plan.

(d) The term employee means any person in the service of an employer on or after the effective date of the extension of this plan to employees of such employers serving in a position designated managerial/confidential pursuant to article 14 of the Civil Service Law. Persons employed on a full-time basis by the Public Employment Relations Board shall be deemed designated managerial or confidential for the purposes of this Part. The Director of Employee Relations, with respect to the State of New York, shall certify to the president those positions of the State designated managerial/confidential pursuant to article 14 of the Civil Service Law. The Public Employment Relations Board shall certify to the president positions, other than positions with the State, designated managerial/confidential by the board pursuant to article 14 of the Civil Service Law.

(e) The term retiree shall mean a person who has become enrolled in the plan as an employee and whose coverage is being continued after withdrawal from the active service of the employer under the eligibility privileges of the plan and who either:

(1) has retired as a member of the retirement or pension plan or system administered and operated by the State of New York, or a civil division thereof, including the New York State Teachers' Retirement System; or

(2) is a member of a retirement or pension plan or system referred to in paragraph (1) of this subdivision who is qualified to retire under such plan or system, but who elects to defer receipt of the pension after withdrawal from the active service of the employer; or

(3) was not a member of a retirement or pension plan or system referred to in paragraph (1) of this subdivision, and is withdrawn or does withdraw from the active service of an employer after attaining such age and service requirements as would have been required to retire as a member of the New York State and Local Employees' Retirement System.

(f) The term dependent shall include the spouse of an employee or retired employee. It shall also include such person's unmarried child 15 days of age or older but under 19 years of age, any unmarried child 19 years of age or older who is incapable of self-support by reason of mental or physical disability and who became so incapable before reaching the age at which dependent coverage would otherwise terminate, and any student dependent as hereinafter defined. The term child shall include any natural born child, any legally adopted child and any stepchild dependent upon the employee or retired employee, and any child dependent upon the employee or retired employee during any waiting period prior to the finalization of the child's adoption by the employee or the retired employee. Dependent shall not include, however, any person:

(1) who is the employee's or retired employee's child and is covered as an employee, or as a dependent of another employee or retired employee under the plan; or

(2) who is in the Armed Forces of any country; or

(3) who resides outside the United States or Canada; or

(4) for whom evidence of acceptability for coverage furnished in accordance with the provisions of this Part is not accepted as satisfactory; or

(5) who, in the case of a retiree, was not insured immediately prior to the effective date of retirement, except dependents acquired after retirement.

(g) The term student dependent means an employee's or retiree's unmarried child 19 years of age or older but not yet 25 years of age who receives more than half of his support from the employee or retiree and is a full-time student at an accredited secondary or preparatory school or college and is not otherwise eligible for coverage; provided, however, that the time spent on military duty as defined in paragraph (b) of subdivision 1 of section 243 of the Military Law, not to exceed four years, shall be subtracted from the age of such child for purposes of determining the maximum age for such a dependent. A child shall continue to be considered a dependent upon reaching age 19 notwithstanding the fact that he attains such age during a vacation period or during a period between semesters while then enrolled on a full-time basis or that he attains such age during the vacation following graduation from high school and at that time anticipates entering an accredited educational institution at the end of the vacation period. A dependent shall be considered a full-time student during vacation periods or periods between semesters.

4 CRR-NY 75.2 Eligibility {#sec-4-crr-ny-75.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 75.2}

(a) Employees.

(1) An employee shall be eligible for coverage under the plan for himself and for his dependents, if any, subject to the provisions of this Part and to the plan.

(2) Coverage for any employee and his dependents shall cease without notice upon termination of his status as an employee as defined in section 75.1 of this Part. The status of any person as an employee shall be deemed to terminate upon his severance from the payroll, except that for the purpose of continuing his coverage under the plan, the status of such person as an employee shall be deemed to continue:

(i) during any period of authorized leave without pay; and

(ii) in the event of the employee's retirement.

(3) In the event both husband and wife are covered under the plan as employees or retirees or both, they both shall be eligible for coverage as dependents.

(i) Cessation of eligibility. Upon the termination of the plan by the State, or by an employee or retiree by reason of default in the payment of premiums or by withdrawal or expulsion or otherwise, the coverage and eligibility for coverage shall cease as of the last day for which the required premiums have been paid to the carrier.

(ii) Disqualification. The president may disqualify from participation in the plan any employee or retired employee who has secured or attempted to secure participation in the plan for himself or another by fraud, deception or a false statement of a material fact. No employee or retiree shall be disqualified or denied benefits pursuant to this subdivision until he is given a written statement by the president of the reasons therefor and afforded an opportunity to make an explanation and submit facts in opposition to such action, such explanation to be submitted to the president by the employee or retiree not later than 10 days following the issuance of the notice by the president required by this subdivision. Such employee may be restored to the plan on approval of the president and subject to such conditions as may be imposed by the president.

4 CRR-NY 75.3 Premiums {#sec-4-crr-ny-75.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 75.3}

(a) Premiums for coverage of employees whose salaries are paid on a biweekly basis shall be payable to the fund established pursuant to section 75.8 of this Part on a corresponding biweekly basis. Premiums for coverage of all other employees and for coverage of all retirees shall be payable to such fund on a monthly basis. All such premiums shall be subject to change from time to time in accordance with the provisions of the contract or otherwise upon amendment of the contract.

(b) Deduction of premiums.

(1) The premiums required to be paid by an employee on account of coverage for himself and his dependents shall be deducted from his salary or wages by the chief fiscal officer of the employer. In the case of a retiree his required premiums shall be deducted from his retirement allowance by the fiscal officer responsible for the payment of such allowance, but in the event that his retirement allowance is suspended by virtue of his further government employment as an officer or employee of the employer from whose service he retired his required premiums shall be deducted from his salary or wages. During any period when an employer or retiree is not receiving a salary, wages or a retirement allowance and his coverage is continued pursuant to this Part, he shall make the payments required of him on account of such coverage directly to the fund.

(2) The sums for premiums to be deducted from salaries, wages or retirement allowances or otherwise paid by direct payment shall be as determined by the president, and shall be in sufficient amounts for the full premiums of employees and retirees due and payable to the insurer.

4 CRR-NY 75.4 Administrative responsibilities of the employer {#sec-4-crr-ny-75.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 75.4}

(a) The employer shall be responsible for performing the following administrative functions:

(1) enrollment of employees and dependents;

(2) preparation and distribution of certificates for enrolled employees and retirees, and such other materials as may be required in connection with the administration of the plan;

(3) maintenance of enrollment and up-to-date eligibility records for covered employees and retirees;

(4) prompt certification to the insurer of eligibility or noneligibility for benefits for the employees, retirees, and their dependents;

(5) collection of any unpaid and past due employee premiums;

(6) reporting such information and data concerning the administration and operation of the plan as the president may request.

4 CRR-NY 75.5 Assessment and payment of administrative expenses {#sec-4-crr-ny-75.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 75.5}

Assessments of proportionate shares of expenses of administration of the plan shall be made annually on March 31st, in accordance with a formula approved by the president. With respect to participating employers, a statement of each assessment shall be sent to the appropriate fiscal officer and shall show the formula used and the actual computation of the assessment. Such assessment shall be payable by a participating employer within 30 days after such statement is rendered, by check made payable to the fund, and forwarded to the president. Failure to pay any such assessment promptly shall constitute cause for expulsion. Assessments of proportionate shares of expenses of administration of the plan for the State shall be submitted to the State Commissioner of Taxation and Finance.

4 CRR-NY 75.6 Application for inclusion in the plan {#sec-4-crr-ny-75.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 75.6}

(a) Cost estimates.

Upon the request of the governing body of any authority, corporation, district, agency, subdivision or organization eligible to become a participating employer accompanied by a certificate of the chairman or other presiding officer thereof certifying as to the number of its employees who would be eligible to participate in the plan, the president shall provide an estimate of the costs, including assessments for administrative expenses, based on current and anticipated charges at the time of the estimate, which would have to be paid by such authority, corporation, district, agency, subdivision or organization on account of the coverage of its employees and their dependents in the plan.

(b) Application for inclusion.

(1) Any such authority, corporation, district, agency, subdivision or organization may apply for the inclusion of its employees in the plan by submitting to the president the following: a certified copy of a resolution of its governing body electing such inclusion, which resolution shall be in a form approved by the president, and an appropriate certificate of the clerk, or if there be no clerk, the chairman or other presiding officer of such governing body certifying that a specified sum of money has been appropriated for the purpose of paying the participating employer's expenses on account of the coverage of such employees and their dependents in the plan.

(2) The president may request such further data, certificates or information in connection with any such application as he may deem necessary or desirable.

(3) No such application shall be approved unless it appears to the satisfaction of the president that sufficient sums have been appropriated to reasonably assure the availability of monies for the payment of anticipated participating employer's costs.

4 CRR-NY 75.7 Effective date of coverage {#sec-4-crr-ny-75.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 75.7}

(a) Upon the approval of the application of an employer for the inclusion of its employees in the plan, the president shall thereupon fix an effective date for the commencement of coverage of such employees. Such effective date shall be fixed with due regard to a reasonable time allowance needed for educational, promotional and enrollment purposes and other administrative requirements. The president may, in his discretion, fix a schedule of effective dates of coverage with respect to newly approved employers on a quarterly basis or at such other time intervals as he may deem appropriate.

4 CRR-NY 75.8 Payments to group term life insurance fund {#sec-4-crr-ny-75.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 75.8}

(a) The premiums required to insure covered employees and retirees for any calendar month or biweekly payroll period shall be due and payable to the fund on the last day of the calendar month or biweekly payroll period, as the case may be.

(b) The comptroller or the chief fiscal officer of the participating employer, as the case may be, shall pay to the fund the premium deducted from the salary or wages of covered employees and with respect to retirees, premiums deducted from a retirement allowance paid by a public retirement system of the State.

(c) Each such payment by an employer shall be accompanied by an accounting thereof to be set forth on an appropriate form prescribed by the president.

(d) Premiums due from employees or retirees eligible for coverage for whom deduction pursuant to subdivision (b) of this section cannot be made shall be made directly to the fund by such employee or retiree monthly.

(e) No monies in the fund, other than the sums received therefor from the employer, shall be committed, encumbered or advanced to pay for the coverage of the employees and retirees of such employer.

4 CRR-NY 75.9 Inspection of records {#sec-4-crr-ny-75.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 75.9}

All records in the possession of the employer or its officers or agents which have a bearing on the participation of employees or retirees in the plan, or which otherwise have any bearing on the administration or operation of the plan, shall be open to the inspection of representatives of the president and the insurers at reasonable times.

4 CRR-NY 75.10 Withdrawal from the plan {#sec-4-crr-ny-75.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 75.10}

If an employer withdraws from the plan, it shall give notice of intention to withdraw to the president and to its covered employees and retirees at least 60 days in advance of the last date for which coverage will be provided. An employer who withdraws or is expelled from the plan shall not be eligible to rejoin the plan for one year following such withdrawal; provided, however, that upon the request of an employer who has withdrawn from the plan, the president may in the exercise of discretion and for good cause shown, reduce or waive such one year waiting period.

4 CRR-NY 75.11 Expulsion from the plan {#sec-4-crr-ny-75.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 75.11}

The president may expel and employer from the plan upon finding that fraud or abuses in the administration of the plan have been committed or permitted by the acts or neglect of its officers or agents, or that the employer has failed to carry out satisfactorily its duties and responsibilities as required under the plan and by this Part. Such expulsion shall be effective not sooner than two months after notice thereof has been given by the president to the employer.

Part 76 MANAGERIAL/CONFIDENTIAL GROUP ACCIDENT AND SICKNESS INSURANCE PLAN

4 CRR-NY 76.1 Definitions {#sec-4-crr-ny-76.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 76.1}

(a) The term plan means the group accident and sickness insurance provided under the contract with the insurer and any amendments thereto, including all the benefits provided thereunder, and all conditions and limitations applicable thereto pursuant to such contracts or as prescribed by the President of the Civil Service Commission for employees serving in positions designated managerial/confidential pursuant to article XIV of the Civil Service Law.

(b) The term insurer means an insurance corporation or company subject to supervision by the New York State Insurance Department.

(d) The term employee means any person in the service of an employer on or after the effective date of the extension of this plan to employees of such employers serving in a position designated as managerial/confidential pursuant to article XIV of the Civil Service Law. Persons employed on a full-time basis by the Public Employment Relations Board shall be deemed designated managerial or confidential for the purposes of this Part. The Director of Employee Relations with respect to the State of New York shall certify to the President of the Civil Service Commission those positions of the State designated managerial/confidential pursuant to article XIV of the Civil Service Law. The Public Employment Relations Board shall certify to the president positions other than positions with the State designated managerial/confidential pursuant to article XIV of the Civil Service Law.

4 CRR-NY 76.2 Eligibility {#sec-4-crr-ny-76.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 76.2}

(a) Employees.

(1) An employee shall be eligible for coverage under the plan subject to the provisions of this Part and to the plan.

(2) Coverage for any employee shall cease without notice upon termination of his status as an employee as defined in section 76.1 of this Part. The status of any person as an employee shall be deemed to terminate upon his severance from the payroll, except that for the purpose of continuing his coverage under the plan, the status of such person as an employee shall be deemed to continue during any period of authorized leave without pay.

(b) Cessation of eligibility.

Upon the termination of the plan by the State, or by employee by reason of default in the payment of premiums or by withdrawal or expulsion or otherwise, the coverage shall cease as of the last day for which the required premiums have been paid to the carrier.

The president may disqualify from participation in the plan any employee who has secured or attempted to secure participation in the plan for himself or another by fraud, deception or a false statement of a material fact. No employer shall be disqualified or denied benefits pursuant to this subdivision until he is given a written statement by the president of the reasons therefor and afforded an opportunity to make an explanation to be submitted to the president by the employee not later than 10 days following the issuance of the notice by the president required by this subdivision. Such employee may be restored to the plan only on the approval of the president and subject to such conditions as may be imposed by the president.

4 CRR-NY 76.3 Premiums {#sec-4-crr-ny-76.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 76.3}

(a) Premiums for coverage of employees whose salaries are paid on a biweekly basis shall be payable to the fund established pursuant to section 76.8 of this Part on a corresponding biweekly basis. Premiums for coverage of all other employees shall be payable to the fund on a monthly basis. All such premiums are subject to change from time to time in accordance with the provisions of the contract or otherwise upon amendment of any such contract.

(b) Deduction of premiums.

(1) The premiums required to be paid by an employee on account of coverage shall be deducted from his salary or wages by the chief fiscal officer of the employer. During any period when an employee is not receiving a salary or wages and his coverage is continued pursuant to this Part, he shall make the payments required of him on account of such coverage directly to the fund.

(2) The sums for premiums to be deducted from salaries or wages or otherwise paid by direct payment shall be as determined by the president, and shall be in sufficient amounts for the full premiums of employees due and payable to the insurer.

4 CRR-NY 76.4 Administrative responsibilities of the employer {#sec-4-crr-ny-76.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 76.4}

(a) The employer shall be responsible for performing the following administrative functions:

(1) enrollment of employees;

(2) preparation and distribution of certificates for enrolled employees, and such other materials as may be required in connection with the administration of the plan;

(3) maintenance of enrollment and up-to-date eligibility records for covered employees;

(4) prompt certification to the insurer of eligibility or noneligibility for benefits for the employees;

(5) collection of any unpaid and past due employee premiums;

(6) reporting such information and data concerning the administration and operation of the plan as the president may request.

4 CRR-NY 76.5 Assessment and payment of administrative expenses {#sec-4-crr-ny-76.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 76.5}

Assessments of proportionate shares of expenses of administration of the plan shall be made annually on March 31, in accordance with a formula approved by the president. With respect to participating employers, a statement of each assessment shall be sent to the appropriate fiscal officer and shall show the formula used and the actual computation of the assessment. Such assessment shall be payable by a participating employer within 30 days after such statement is rendered, by check made payable to the fund, and forwarded to the president. Failure to pay any such assessment promptly shall constitute cause for expulsion. Assessments of proportionate shares of expenses of administration of the plan for the State shall be submitted to the State Commissioner of Taxation and Finance.

4 CRR-NY 76.6 Application for inclusion in the plan {#sec-4-crr-ny-76.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 76.6}

(a) Cost estimates.

(b) Application for inclusion.

(1) Any such authority, corporation, district, agency, subdivision or organization may apply for the inclusion of its employees in the plan by submitting to the president the following: a certified copy of a resolution of its governing body electing such inclusion, which resolution shall be in a form approved by the president, and an appropriate certificate of the clerk, or if there be no clerk, the chairman or other presiding officer of such governing body certifying that a specified sum of money has been appropriated for the purpose of paying the participating employer's expenses on account of the coverage of such employees in the plan.

(2) The president may request such further data, certificates or information in connection with any such application as he may deem necessary or desirable.

4 CRR-NY 76.7 Effective date of coverage {#sec-4-crr-ny-76.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 76.7}

4 CRR-NY 76.8 Payments to group accident and sickness insurance fund {#sec-4-crr-ny-76.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 76.8}

(a) The premiums required to insure covered employees for any calendar month or biweekly payroll period shall be due and payable to the fund on the last day of the calendar month or biweekly payroll period, as the case may be.

(b) The comptroller or the chief fiscal officer of the participating employer, as the case may be, shall pay to the fund the premium deducted from the salary or wages of covered employees.

(c) Each payment by an employer shall be accompanied by an accounting thereof to be set forth on an appropriate from prescribed by the president.

(d) Premiums due from employees eligible for coverage for whom deductions pursuant to subdivision (a) of this section cannot be made shall be made directly to the fund by each employee monthly.

(e) No monies in the fund, other than the sums received therefor from the employer, shall be committed, encumbered or advanced to pay for the coverage of the employees of such employer.

4 CRR-NY 76.9 Inspection of records {#sec-4-crr-ny-76.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 76.9}

All records in the possession of the employer or its officers or agents which have a bearing on the participation of employees in the plan, or which otherwise have any bearing on the administration or operation of the plan, shall be open to the inspection of representatives of the president and the insurers at reasonable times.

4 CRR-NY 76.10 Withdrawal from the plan {#sec-4-crr-ny-76.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 76.10}

If an employer withdraws from the plan, it shall give notice of intention to withdraw to the president and to its covered employees at least 60 days in advance of the last date for which coverage will be provided. An employer who withdraws or is expelled from the plan shall not be eligible to rejoin the plan for one year following such withdrawal; provided, however, that upon the request of an employer who has withdrawn from the plan, the president may in his discretion and for good cause shown, reduce or waive such one-year waiting period.

4 CRR-NY 76.11 Expulsion from the plan {#sec-4-crr-ny-76.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 76.11}

The president may expel an employer from the plan upon finding that fraud or abuses in the administration of the plan have been committed or permitted by the acts or neglect of its officers or agents, or that the employer has failed to carry out satisfactorily its duties and responsibilities as required under the plan and by this Part. Such expulsion shall be effective not sooner than two months after notice thereof has been given by the president to the governing body of the employer.

Part 78 INCOME PROTECTION PLAN

4 CRR-NY 78.1 Definitions {#sec-4-crr-ny-78.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 78.1}

Whenever used in this Part:

(a) The term plan shall mean the Income Protection Plan administered by the Department of Civil Service which shall be comprised of short-term and long-term disability insurance, as provided under contract with an insurer, and amendments thereto, including all the benefits provided thereunder, and all conditions and limitations applicable pursuant to such contracts or as prescribed by the president.

(b) The term eligible employee shall mean any person employed in the Executive Branch on an annual salaried basis, who is scheduled to work at least half-time per pay period and who is eligible to participate in the group term insurance plan authorized pursuant to section 158 of the Civil Service Law, except for persons appointed to positions identified as “other statutory” who are not subject to the attendance rules for employees in New York State departments and institutions or the attendance rules promulgated by the Commissioner of Education, who shall be eligible for income protection plan benefits as described in section 78.9 of this Part, and those who are in the professional service of the State University pursuant to subdivision h of section 35 of the Civil Service Law.

(c) The term basic annual salary shall mean the employee's annual salary, exclusive of any supplements to salary received or other forms of additional compensation, as of the date disability began. In the event an employee's salary is reduced pursuant to a program providing for a tax- deferred annuity or any similar income reduction plan, the employee's basic annual salary shall be such person's salary before said reduction.

(d) The term coverage shall mean participation in the plan by covered employees and the term covered employee shall mean an eligible employee participating in the plan. The term covered salary shall mean 1/12 of the employee's basic annual salary as of the date disability began.

(e) The term department shall mean the Department of Civil Service.

(f) The term insurer shall mean the insurance company selected to underwrite the plan.

(g) The term short-term disability benefit shall mean the benefit payable under the plan during the initial six months of disability but not beyond the end of disability as defined by the insurer, age 65 or death, whichever occurs first.

(h) The term long-term disability benefit shall mean the benefit payable under the plan after six consecutive months of disability but not beyond the end of disability as defined by the insurer, age 65 or death, whichever occurs first.

(i) The term waiting period shall mean 14 consecutive calendar days from onset of disability or the exhaustion of accrued sick leave credits, whichever is later. An employee shall be deemed to have exhausted accrued sick leave credits on the day on which the employee's accrued sick leave balance is less than one day.

(j) The term prior creditable service shall mean State service prior to January 1, 1986, during which an employee was eligible to earn leave accruals, without any interruption in such service in excess of one year. A separation in excess of one year followed by reinstatement by the Civil Service Department or Commission or by appointment while eligible for appointment from a preferred list shall not be deemed an interruption in service for this purpose.

(k) The term active service shall mean time spent in pay status.

(l) The term onset of disability shall mean the date determined by the insurer to be the date on which the employee first became unable to work due to disability.

4 CRR-NY 78.2 Coverage {#sec-4-crr-ny-78.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 78.2}

(a) The following eligible employees shall be covered employees under the plan:

(1) eligible employees initially hired into State service on or after January 1, 1986 who have no prior creditable service;

(2) eligible employees having prior creditable service who elect to participate in the plan; and

(3) eligible employees with prior creditable service who were formerly covered under the plan.

(b) A covered employee shall be eligible for a short-term disability benefit. A covered employee who has rendered at least six months of active service and is a member of a public retirement system of this State or its political subdivisions or participates in an optional retirement program shall be eligible for a long-term disability benefit.

(c) Enrollment as a covered employee shall cease effective close of business on the calendar day preceding the day on which an employee becomes ineligible to continue participation in the plan; provided, however, that an employee who is disabled and who has applied for or who is eligible for or who is receiving an Income Protection Plan benefit at the time his or her enrollment ceases shall continue to be eligible to apply for and to receive such benefit until the cessation of that incidence of disability, age 65 or death, whichever occurs first.

(d) A covered employee granted a leave of absence without pay for a period not to exceed one year, who becomes disabled while on such leave, shall become eligible for plan benefits effective on the day following the date such leave was due to expire.

(e) A covered employee granted a leave of absence without pay for more than one year is ineligible for plan benefits with respect to any incidence of disability which commenced during the period of such leave.

(f) A covered employee shall be ineligible for plan benefits for each day for which such employee receives family leave benefits pursuant to article 9 of the Workers’ Compensation Law.

4 CRR-NY 78.3 Effective date of coverage {#sec-4-crr-ny-78.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 78.3}

(a) Eligible employees in service prior to and on January 1, 1986 who elect to participate in the Income Protection Plan, shall become covered employees effective January 1, 1986. Eligible employees who are disabled and who are on sick leave at full pay on December 31, 1985 and on their first regularly scheduled workday thereafter or who on those dates are using other leave credits as sick leave, or who are on sick leave at half-pay or leave without pay, shall continue to be eligible to receive those benefits for which they were eligible on December 31, 1985 and shall be afforded the option to enroll in the plan following their return from such leave. Such persons shall have 30 calendar days following their return to enroll in the plan. Eligible employees electing to become covered employees shall be deemed to have coverage effective as of the date upon which they initially became eligible to make such an election.

(b) Eligible employees with prior creditable service who are appointed or reinstated on or after January 1, 1986 and who were not previously eligible employees shall have 30 calendar days following such appointment or reinstatement to elect to become covered employees. Such persons electing to become covered employees shall be deemed to have coverage effective as of the date upon which they initially became eligible to make such an election. Such persons who are on leave of absence without pay on the effective date of their appointment or reinstatement shall make their election within 30 days of their restoration to the payroll and the effective date of their coverage shall be the date of such restoration.

(c) Eligible employees initially appointed on or after January 1, 1986, who have no prior creditable service and persons who were previously covered employees shall be covered employees and the effective date of their coverage shall be their most recent date of appointment.

4 CRR-NY 78.4 Contributions by the State and liability for payments {#sec-4-crr-ny-78.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 78.4}

The State shall pay the entire premium cost of the Income Protection Plan. The insurer shall pay the benefits under the plan and neither the State nor the department shall be liable therefor.

4 CRR-NY 78.5 Benefits {#sec-4-crr-ny-78.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 78.5}

(a) The plan shall provide the following short-term disability benefit to a disabled employee who is determined by the insurer to be unable to perform his or her regular job duties: a monthly income benefit equal to 50 percent of the employee's covered salary not to exceed a total benefit of $961.54 weekly, which shall be reduced by the following: any workers' compensation wage benefits or payments in lieu of workers' compensation, and supplemental payments to workers' compensation awards made by New York State as an employer, if any; any retirement benefits paid by a public retirement system of this State or its political subdivisions or an optional retirement program, including any such benefits being received by a retired person who is reemployed subject to section 211 or 212 of the Retirement and Social Security Law, other than benefits provided by a tax-deferred annuity program; and disability benefits payable pursuant to a plan established in accordance with section 158 of the Civil Service Law. Such benefit shall be payable on the day following completion of the waiting period and shall cease six months from the date disability commenced, but shall not continue beyond the end of disability as determined by the insurer, age 65 or death, whichever occurs first.

(b) The plan shall provide the following long-term disability benefit to a disabled employee who is determined by the insurer to be unable to perform his or her regular job duties during the first two years of long-term disability benefits; and, thereafter, unless the insurer determines that the employee is capable of performing the duties of a comparable occupation for which he or she is reasonably suited based on education, training and experience:

(1) A monthly income benefit equal to 60 percent of the employee's covered salary not to exceed a total benefit of $5,000 monthly, which shall be reduced by the following: any workers' compensation wage benefits or payments in lieu of workers' compensation, and supplemental payments to workers' compensation awards made by New York State as an employer, if any; any retirement benefits paid by a public retirement system of this State or its political subdivisions or an optional retirement program, including any such benefits being received by a retired person who is reemployed subject to section 211 or 212 of the Retirement and Social Security Law, other than benefits provided by a tax-deferred annuity program; disability benefits payable pursuant to a plan established in accordance with section 158 of the Civil Service Law; primary Social Security benefits, provided, however, that pending the initial determination by the Social Security Administration of the claimant's eligibility for Social Security benefits, estimated Social Security benefits shall not be an offset for any employee who has executed a reimbursement agreement with the insurer; and family Social Security benefits as determined by the formula established by the insurer.

(2) In addition, for persons with no prior creditable service who enter State service on or after January 1, 1986, long-term disability benefits shall be reduced by Federal Government, Railroad Retirement, provincial and Marine Maintenance pensions and Veterans Administration disability income benefits, but only to the extent that the aforesaid pension or disability benefits are initiated or increased by the same disability for which long-term disability benefits are paid.

(3) The long-term disability benefit is payable after six consecutive months of disability and upon exhaustion of all sick leave credits. Such benefit shall be payable until cessation of disability as determined by the insurer or as otherwise provided by subdivision (b) of this section, age 65 or death, whichever occurs first.

4 CRR-NY 78.6 Plan administration {#sec-4-crr-ny-78.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 78.6}

The president, in consultation with the insurer, shall administer the plan and establish necessary guidelines, procedures and standards.

4 CRR-NY 78.7 Discontinuation of service {#sec-4-crr-ny-78.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 78.7}

Any covered employee receiving benefits under the plan who is separated from service, after being placed on leave pursuant to section 71 or 72 of the Civil Service Law, shall continue to receive such benefits until the end of disability, age 65 or death, whichever occurs first. Nothing contained herein shall be deemed to extend employment beyond the date it would otherwise terminate.

4 CRR-NY 78.8 Determinations by the president concerning enrollment in the program {#sec-4-crr-ny-78.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 78.8}

The president shall determine the eligibility of an employee for enrollment in the plan and such enrollee's annual salary for the purposes of computing benefits. Any person may appeal a determination by the president concerning his or her enrollment in the plan and the basic annual salary upon which benefits are to be based to the State Civil Service Commission by submitting a written explanation, supported by available documentary evidence, setting forth the facts upon which he or she relies to show that the determination by the president was incorrect. Such appeal shall be filed with the commission within 30 days of the date of the final determination by the president.

4 CRR-NY 78.9 Special enrollees {#sec-4-crr-ny-78.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 78.9}

(a) The department shall compile and maintain a list of all positions eligible for participation as “special enrollees,” as set forth in subdivision (b) of this section.

(b) Persons in positions set forth in the list of special enrollees who are designated Managerial or Confidential but who are not subject to the Attendance Rules for Employees in New York State Departments and Institutions or the Attendance Rules promulgated by the Commissioner of Education, who are employed on an annual salaried basis, who are scheduled to work at least half-time and who are members of a public retirement system of this State or its political subdivisions or an optional retirement program shall be designated as special enrollees for purposes of this Part and upon such designation shall be eligible to receive the long-term disability benefits as set forth in this Part.

4 CRR-NY 78.10 Effective date {#sec-4-crr-ny-78.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 78.10}

These regulations shall take effect immediately and shall be deemed to have been in full force and effect as of January 1, 1986.

Part 80 PUBLIC ACCESS TO RECORDS

4 CRR-NY 80.1 Purpose {#sec-4-crr-ny-80.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 80.1}

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 Civil Service subject to the provisions of article 6 of the Public Officers Law, known as the Freedom of Information Law.

4 CRR-NY 80.2 Definitions {#sec-4-crr-ny-80.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 80.2}

For the purposes of this Part:

(a) The term record or records means any information kept, held, filed, produced or reproduced by with or for an agency or the State legislature in any physical form whatsoever including but not limited to, reports, statements, examinations,1 memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes.

(b) The term payroll record means an itemized record setting forth the following items: name, public office address, title and salary of every officer and employee of the department.

(c) The term workday means any day except Saturday, Sunday, a public holiday or a day on which the department is otherwise closed for general business.

(d) The term records access officer means the public relations officer of the Department of Civil Service.

(e) The term fiscal officer means the director of financial administration of the Department of Civil Service.

(f) The term department or Department of Civil Service means the State Department of Civil Service, unless otherwise expressly stated or unless the context requires a different meaning.

4 CRR-NY 80.3 Designation of officers {#sec-4-crr-ny-80.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 80.3}

(a) The records access officer of the Department of Civil Service is the public relations officer of the department unless otherwise designated by the president. The records access officer shall have the duty of coordinating the response of the department to public requests for access to records. Upon receipt of a request, the records access officer will forward copies of the request to the appropriate personnel within the department to search for the records requested, maintaining one copy of the request for his or her files. Thereafter, the records access officer shall:

(1) upon locating the records requested:

(i) make such records promptly available for inspection; or

(ii) deny access to the records in whole or in part and explain in writing the reasons for such denial;

(2) upon failure to locate the records requested, certify that:

(i) the Department of Civil Service does not maintain such records; or

(ii) the Department of Civil Service maintains such records, but after a diligent search, they cannot be found; or

(iii) the information supplied by the applicant is not sufficiently detailed to enable the department to determine whether or not it maintains such records;

(3) upon request for copies of records: make a copy available upon payment of any fees established in accordance with section 80.7 of this Part or any other duly established fees. The department in its discretion may permit the requester to copy records where it would not administratively inconvenience the department or unduly restrict the use of such records;

(4) if the department does not provide or deny access to the record sought within five business days of receipt of a request, the records access officer shall within such five-day period, furnish a written acknowledgement of receipt of the request and a statement of the approximate date when the request will be granted or denied, which date shall be reasonable under the circumstances of the request. If the records access officer determines to grant a request in whole or in part, and if circumstances prevent disclosure to the person requesting the record or records within 20 business days from the date of the acknowledgement of the receipt of the request, the records access officer shall state, in writing, both the reason for the inability to grant the request within 20 business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part.

(b) The fiscal officer of the Department of Civil Service is the director of financial administration of the department unless otherwise designated by the president. The director of financial administration shall have the duty of responding to requests for an itemized record setting forth the name, business address, title and salary of every officer or employee of the department.

(c) The business address for both of the officers referred to in this section is: New York State Department of Civil Service, State Office Building Campus, Albany, New York 12239.

4 CRR-NY 80.4 Procedures for obtaining access to records {#sec-4-crr-ny-80.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 80.4}

The procedures for obtaining access are designed to insure full compliance with the letter and intent of the Freedom of Information Law, as well as providing the public with optimum response to their requests.

(a) A public catalogue consisting of a list by subject matter of the records of the Department of Civil Service will be available for inspection at the main reception desk of the Department of Civil Service on the State Campus in Albany and at the department's New York City and Buffalo offices.

(b) Any person wishing to inspect and/or obtain a copy of any record listed in the catalogue should make application in duplicate to the records access officer on the form entitled, “Application for Public Access to Records". This form may be obtained either personally from the receptionist at the main reception desk of the Department of Civil Service in Albany, and at the department's New York City and Buffalo offices or by mail sent to the records access officer at his business address. Submission of the application for public access to records form will not be required for materials which have been customarily made readily available to the public by the department without written requests, such as examination announcements, brochures, etc. The records access officer may in his discretion provide access to records as the circumstances dictate without requiring the use of the public access to records application form.

(c) Completed copies of the application for public access to records may be either delivered personally to the receptionist at the main reception desk of the Department of Civil Service in Albany who will then forward them to the records access officer or mailed directly to the records access officer at his business address.

(d) The application for public access to records should be reasonably described by the requester to enable the department to locate the records requested within the five business day time limit mandated by law. Where possible, the requester should supply information regarding dates, titles, file designation or other information which may help the department identify the records. The records access officer shall see to it that agency personnel assist the requester in identifying requested records, if necessary. If, however, the department is unable to locate a requested record within five business days because it is unable to identify the record, the department shall so inform the person requesting such record.

(e) A request for any or all records falling within a specific category shall conform to the standard that records be identifiable.

(f) No records shall be removed by any person requesting access to records from any office within the Department of Civil Service where such record may be located without the express consent in writing of the head of the Department of Civil Service.

4 CRR-NY 80.5 Location {#sec-4-crr-ny-80.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 80.5}

Records shall be available for public inspection and copying at a convenient location within the Department of Civil Service on the State Campus, Albany, New York or at the location where they are kept.

4 CRR-NY 80.6 Hours for public inspection {#sec-4-crr-ny-80.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 80.6}

The Department of Civil Service shall accept requests for public access to records and produce records for public inspection as follows:

(a) At the State Campus in Albany on any workday between the hours of 8:30 and 4:45,

(b) At the Buffalo office on any workday between the hours of 9 and 4 and

4 CRR-NY 80.7 Fees {#sec-4-crr-ny-80.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 80.7}

Any fees authorized herein shall be payable in advance.

(a) The fee for photocopies of records shall be 25 cents per page for photocopies not exceeding 9 by 14 inches.

(b) The fee for photocopies of records in excess of 9 by 14 inches per page shall be the actual copying cost which is the average unit cost for copying a record excluding fixed costs of the agency such as operator salaries.

(c) In the event that the record is of such a nature that it cannot be photocopied, a transcript of such record shall be made upon request of the applicant. Such transcripts may either be typed or handwritten at the discretion of the department. In such cases, the requester may be charged for the clerical time involved in making the transcript.

(d) The department in its discretion may provide copies of records without charging a fee.

(e) The department will not charge a fee for:

(1) Inspection of records

(2) Searching for records

(3) A certification pursuant to this Part.

4 CRR-NY 80.8 Prevention of invasions of privacy {#sec-4-crr-ny-80.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 80.8}

In accordance with the provisions of subdivision two of section 89 of the Public Officers Law and in conformity with such guidelines as may be promulgated by the Committee on Public Access to Records regarding the prevention of unwarranted invasions of personal privacy, the records access officer may delete from any record identifying details the disclosure of which would result in an unwarranted invasion of personal privacy prior to making such record available for inspection and/or copying. In the event that one or more deletion is so made from any document, the records access officer shall provide written notice of that fact to the person given access to the record. If the record is such that the personal matters cannot be fully deleted without substantively affecting the record or the identifying details cannot be effectively deleted, the records access officer shall deny access to such record as provided in section 80.9 of this Part.

4 CRR-NY 80.9 Grant or denial of access to records {#sec-4-crr-ny-80.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 80.9}

Unless the records access officer determines that an application to inspect and/or copy records includes information that may be exempted from disclosure under paragraph a, b, c, d, e, f, g or h of subdivision 2 of section 87 of the Public Officers Law or under section 80.8 of this Part pursuant to subdivision 2 of section 89 of such law, the request shall be granted. If an application to inspect and/or copy records is denied, the records access officer shall indicate the reason for such denial in writing and shall advise the applicant of his right to appeal such denial to the administrative director of the Department of Civil Service.

4 CRR-NY 80.10 Appeals {#sec-4-crr-ny-80.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 80.10}

(a) Any person whose application to inspect and/or copy records has been denied may appeal within 30 days of such denial to the administrative director at his office at the State Office Building Campus, Albany, New York. Such appeal must be in writing and must set forth: The name and return address of the requester; the date and location of the requests for records; the specific records to which the requester was denied access; the reasons given for such denial; and whether the denial of access 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 administrative director shall, upon receipt of an appeal in compliance with this section, review the request for access to records of the department and affirm, modify or reverse the denial. The administrative director shall inform the requester of the decision with regard to an appeal within seven business days of the receipt of a properly filed appeal, and of his right to appeal such decision pursuant to article 78 of the Civil Practice Law and Rules.

The Committee on Open Government

Department of State

162 Washington Avenue

Albany, NY 12231

4 CRR-NY 80.11 Severability {#sec-4-crr-ny-80.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 80.11}

Part 81 ACCESS TO PERSONAL INFORMATION

4 CRR-NY 81.1 Purpose and scope {#sec-4-crr-ny-81.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 81.1}

(a) It is the responsibility and the intent of the State Department of Civil Service to comply fully with the provisions of article 6-A of the Public Officers Law, the Personal Privacy Protection Law.

(b) The department shall maintain personal information in its records only if it is relevant and necessary to accomplish a purpose of the department that is required by statute or executive order, or to implement a program specifically authorized by law.

(d) The department will seek to ensure that all records pertaining to or used with respect to individuals are accurate, relevant, timely and complete.

(e) These regulations provide information about the procedures by which the rights of access to information granted by the Personal Privacy Protection Law may be asserted.

4 CRR-NY 81.2 Definitions {#sec-4-crr-ny-81.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 81.2}

For the purposes of this Part:

(a) The term department or Department of Civil Service means the New York State Department of Civil Service.

(b) The term committee means the Committee on Open Government.

(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 governmental unit means any governmental entity performing a governmental or proprietary function for the Federal government or for any state or any municipality thereof.

(g) The term law means any State or Federal statute, rule or regulation.

(h) 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 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 to answer unsolicited requests by the data subject for information; or

(6) correspondence files.

(i) The term routine use means, with respect to the disclosure of a record or personal information, any use of such record or personal information relevant to the purposes for which it was collected, and which use is necessary to the statutory duties of the department or is necessary to operate a program specifically authorized by law.

(j) The term system of records means any group of records, under the actual or constructive control of the department, pertaining to one or more data subjects, from which personal information is retrievable by use of the name or other identifier of a data subject.

4 CRR-NY 81.3 Personal privacy compliance officer {#sec-4-crr-ny-81.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 81.3}

(a) The Director of Public Relations is hereby designated Privacy Compliance Officer and is responsible for ensuring that the department complies with the provisions of the Personal Privacy Protection Law and these regulations, and for coordinating responses to requests for records or amendment of records.

(b) The address and telephone number of the Privacy Compliance Officer are: New York State Department of Civil Service, Building 1, W. Averell Harriman State Office Building Campus, Albany, NY 12239; telephone (518) 457-6221.

(c) The Deputy Director of Public Relations is hereby designated Deputy Privacy Compliance Officer. The address and telephone number of the deputy are the same as for the privacy compliance officer set forth in subdivision (b) of this section.

4 CRR-NY 81.4 Procedures {#sec-4-crr-ny-81.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 81.4}

(a) Persons who wish to determine whether the department or commission maintains records containing information identifiable to them may contact the privacy compliance officer, who will assist in identifying such records and, if appropriate, will describe the contents of the department's system of records orally or in writing.

(b) Requests for access to records may be made to the privacy compliance officer in writing or orally, and must reasonably describe the record sought. Whenever possible, the data subject should supply identifying information that assists the department in locating the record sought. Requests will be accepted by mail, or in person, at the W. Averell Harriman State Office Building Campus, Building 1, Albany, NY 12239, on any workday between the hours of 8:30 a.m. and 4:45 p.m.

(c) Within five business days of the receipt of a request, the department shall either provide access to the record or deny access in writing, explaining the reasons therefor, or acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, which shall be within 30 days from the date of the acknowledgment.

(d) When the record is located, the department shall:

(1) make the record available for inspection, in a printed form without codes or symbols, unless an accompanying document explaining such codes or symbols is also provided;

(2) if requested, make a copy available, upon payment of or offer to pay the fees authorized by section 81.10 of this Part, or permit the data subject to copy the record by hand; or

(3) deny access to the record, in whole or in part, and explain in writing the reasons therefor.

(e) Records or copies shall be made available at the Department of Civil Service on the State Campus in Albany, or where they are kept, and shall not be removed from that location without the express written consent of the head of the Department of Civil Service.

(f) Proof of identity, by presentation of a driver's license or other documentation or verification of signature or identifying facts, or other means, at the option of the department, may be required of a person making a request.

(g) Upon request, the privacy compliance officer shall certify that:

(1) a copy of a record is a true copy; or

(2) the department does not have possession of the record sought; or

(3) the department cannot locate the record sought after having made a diligent search; or

(4) the information sought cannot be retrieved by use of the description provided, or by use of the name or other identifier of the data subject, without extraordinary search methods being employed.

4 CRR-NY 81.5 Records exempt from access by data subjects {#sec-4-crr-ny-81.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 81.5}

The following records are exempt from access by data subjects:

(a) records specifically prohibited by statute from disclosure;

(b) except as provided in Part 82 of this Title, records concerning mental disability or medical records where access is not otherwise required by law;

(c) personal information pertaining to the incarceration of an inmate at a State correctional facility, which is evaluative in nature or whose release could endanger the life or safety of any person, unless access is otherwise permitted by law or by court order;

(d) attorney's work product or material prepared for litigation;

(e) public safety records;

(f) records containing information compiled for law enforcement purposes which, if disclosed, would:

(1) interfere with law enforcement investigations or judicial proceedings;

(2) deprive a person of a right to a fair trial or impartial adjudication;

(3) identify a confidential source or disclose confidential information relating to a criminal investigation; or

(4) reveal criminal investigative techniques or procedures, except routine techniques and procedures;

(g) records whose disclosure would constitute an unwarranted invasion of personal privacy, as defined in paragraph (a) of subdivision 2 of section 89 of the Public Officers Law;

(h) an accounting of a disclosure for law enforcement purposes, if specifically notified not to make such disclosure by the receiving agency; and

(i) records which cannot be retrieved using the data subject's description or name or other identifier of the data subject, without extraordinary search methods.

4 CRR-NY 81.6 Amendment on correction of records {#sec-4-crr-ny-81.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 81.6}

Within 30 business days of a written request from a data subject, for correction or amendment of a record or personal information that is reasonably described and that pertains to the data subject, the department shall:

(a) make the amendment or correction, in whole or in part, and inform the data subject that, on his or her request, such correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law; or

(b) inform the data subject, in writing, of its refusal to correct or amend the record, including the reasons therefor.

4 CRR-NY 81.7 Department's failure to respond {#sec-4-crr-ny-81.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 81.7}

A failure to grant or deny access to records within five business days of the receipt of a request, or within 30 days of an acknowledgment of the receipt, or failure to respond to a request for amendment or correction of a record within 30 business days of receipt of such a request, shall be construed as a denial that may be appealed.

4 CRR-NY 81.8 Appeals {#sec-4-crr-ny-81.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 81.8}

(a) Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to this Part may, within 30 business days of such denial, appeal in writing to the Deputy Commissioner and General Counsel of the Department of Civil Service at the W. Averell Harriman State Office Building Campus, Building 1, Albany, NY 12239.

(b) In order to be acted upon, the appeal must identify:

(1) the record that it concerns;

(2) the date and location of a request for a record or amendment or correction of a record or personal information; and

(3) the appellant, and list his or her address.

(1) provide access to or correct or amend the record or personal information; or

(2) fully explain, in writing, the factual and statutory reasons for further denial, and inform the data subject of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules.

(e) The department shall immediately forward to the Committee on Open Government a copy of any such appeal, upon receipt, and its determination, when made, and the reasons therefor.

4 CRR-NY 81.9 Statement of disagreement by data subject {#sec-4-crr-ny-81.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 81.9}

(a) If correction or amendment of a record or personal information is denied in whole or in part upon appeal, the determination shall notify the data subject of the right to:

(1) file a statement of reasonable length, setting forth the data subject's reasons for disagreement with the determination; and

(b) Upon receipt of a statement of disagreement by a data subject, the department shall:

(1) clearly note any portions of the record that are disputed; and

(2) attach the data subject's statement as part of the record.

(c) When providing a data subject's statement of disagreement to a person or governmental unit in conjunction with a disclosure made pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law, the department may also include a concise statement of its reasons for not making the requested amendment or correction.

4 CRR-NY 81.10 Fees {#sec-4-crr-ny-81.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 81.10}

Any fees authorized in this section shall be payable in advance.

(a) The fee for photocopies not exceeding 9 by 14 inches shall be 25 cents per page.

(b) The fee for photocopies of records in excess of 9 by 14 inches per page shall be the actual copying cost, which is the average unit cost for copying a record excluding fixed costs of the agency such as operator salaries.

(c) In the event that the record is of such a nature that it cannot be photocopied, a transcript of such record shall be made upon request of the applicant. Such transcripts may either be typed or handwritten, at the discretion of the department. In such cases, the requester may be charged for the clerical time involved in making the transcript.

(d) The department, in its discretion, may provide copies of records without charging a fee.

(e) No fee will be charged for:

(1) inspection of records;

(2) searching for records; or

(3) a certification pursuant to this Part.

4 CRR-NY 81.11 Severability {#sec-4-crr-ny-81.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 81.11}

Part 82 DISCLOSURE OF MEDICAL RECORDS

4 CRR-NY 82.1 Written requests {#sec-4-crr-ny-82.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 82.1}

In response to a written medical record access request from the person to whom the medical record pertains, the Employee Health Service shall:

(a) acknowledge the request within 10 days of its receipt;

(b) notify the individual of the opportunity to inspect any medical records concerning him or her possessed by the Department of Civil Service or the Civil Service Commission;

(c) provide a statement concerning the approximate date by which the request for access will be granted, which shall not be later than 45 days from the date of the acknowledgment;

(d) require appropriate identification of individuals requesting access to medical records;

(e) charge 25 cents per page for copies of the medical record, which fee may be waived at the discretion of the Department of Civil Service; and

(f) upon receipt of appropriate written authorization, mail copies of the medical record to the individual's home address.

4 CRR-NY 82.2 Source confidentiality {#sec-4-crr-ny-82.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 82.2}

Nothing in this Part shall require the Employee Health Service to provide individuals with access to information which would reveal the identity of a source who furnished it under an express promise that his or her identity would be held in confidence.

4 CRR-NY 82.3 Disclosure {#sec-4-crr-ny-82.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 82.3}

(a) Medical records concerning an individual shall not be disclosed to third parties except:

(1) Upon written authorization of the subject of the records. Such authorization shall identify the medical records to be provided; the person, agency or entity to whom the records are to be provided; the address to which the records are to be sent; the purpose for which the records will be used, and the date the authorization shall expire. If no expiration date is specified, it shall expire 90 days from the date of receipt of the authorization by the Department of Civil Service.

(2) When required by law or court order, provided that notification is made to the subject of the record prior to such disclosure, unless such notification is prohibited by law.

(b) Under no circumstances shall medical records or their contents be released directly to a State agency unless such release is mandated by statute or regulation, or is authorized by the subject of the records as provided in subdivision (a) of this section.

(c) Neither individual medical records nor their contents shall be disclosed by the Employee Health Service to officers and employees of the Department of Civil Service or the Civil Service Commission unless such disclosure is necessary to the performance of legally authorized purposes or programs being carried out as part of the official duties of the person seeking the records.

(d) Nothing in this section prohibits the disclosure of medical records for the purpose of statistical research or reporting if individual identities are not revealed.

4 CRR-NY 82.4 Correction or amendment of medical records {#sec-4-crr-ny-82.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 82.4}

Within 60 days of receipt of a written request from the subject of a medical record for correction or amendment of the medical record, the Employee Health Service shall:

(a) make the correction or amendment in whole or in part; or

(b) inform the record subject of its refusal to correct or amend and the reasons therefor, and of that person's right to have incorporated into the record his or her own statement, of reasonable length, setting forth the reasons for disagreement with the record. Such statement of disagreement shall be furnished to all persons to whom the medical record is subsequently disclosed.

4 CRR-NY 83.1 Purpose {#sec-4-crr-ny-83.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 83.1}

It is the responsibility and the intent of the State Department of Civil Service to adopt regulations pursuant to the HIV and AIDS Related Information Act (Public Health Law, article 27-F). All officers, employees and agents of the department shall at all times maintain the confidentiality of any HIV related information in their possession, in accordance with the requirements of the statute and these regulations.

4 CRR-NY 83.2 Definitions {#sec-4-crr-ny-83.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 83.2}

For the purposes of this Part:

(a) The term department or Department of Civil Service means the New York State Department of Civil Service.

(b) The term AIDS means acquired immune deficiency syndrome, as may be defined from time to time by the centers for disease control of the United States Public Health Service.

(c) The term HIV infection means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.

(d) The term HIV related illness means any illness that may result from or may be associated with HIV infection.

(e) The term HIV related test means any laboratory test or series of tests for any virus, antibody, antigen or etiologic agent whatsoever thought to cause or to indicate the presence of HIV/AIDS.

(f) The term confidential HIV related information means any information concerning whether an individual has been the subject of an HIV related test, or has HIV infection, HIV related illness or AIDS, or information which identifies or reasonably could identify an individual as having one or more of such conditions, including information pertaining to such individual's contacts.

(g) The term contact means an identified spouse or sex partner of the protected individual or a person identified as having shared hypodermic needles or syringes with the protected individual.

(h) The term significant risk of transmitting or contracting HIV infection or significant risk includes the following circumstances:

(1) sexual contact which exposes a mucous membrane or broken skin of a noninfected individual to blood, semen or vaginal secretions of an infected individual;

(2) sharing of needles or other paraphernalia used for preparing and injecting drugs between infected and noninfected individuals;

(3) the gestation, birthing or breast feeding of an infant when the mother is infected with HIV;

(4) transfusion or transplantation of blood, organs, or other tissues obtained from an infected individual to an uninfected individual, provided that such products have not tested negatively for antibody or antigen and have not been rendered noninfective by heat or chemical treatment;

(5) other circumstances, not identified in paragraphs (1) through (4) of this subdivision, during which a significant risk body substance (other than breast milk) of an infected person contacts mucous membranes (e.g., eyes, nose, mouth) or nonintact skin (e.g., open wound, dermatitis, abraded areas) or the vascular system of a noninfected person;

(6) circumstances that constitute significant risk shall not include:

(i) exposure to urine, feces, sputum, nasal secretions, saliva, sweat, tears or vomitus that does not contain visible blood;

(ii) human bites where there is no direct blood to blood, or blood to mucous membrane contact;

(iii) exposure of intact skin to blood or any other body substance; and

(iv) occupational settings where individuals use scientifically accepted barrier techniques and preventing practices in circumstances which would otherwise pose a significant risk.

4 CRR-NY 83.3 Antidiscrimination {#sec-4-crr-ny-83.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 83.3}

(a) It is the policy of the department that the department and its officers, employees and agents shall not discriminate against any individual by virtue of his or her being identified as, or suspected of, having AIDS, HIV infection, or HIV related illness.

(b) The department will take appropriate steps to make its officers, employees and agents aware of the department's policy as set forth in this section. All officers, employees and agents of the department shall act in a manner consistent with this policy when performing their official duties for the department.

(a) Employees or agents of the department are not to have access to confidential HIV related information maintained by the department except as part of their official duties.

(b) Agents of the department may be authorized to have access to confidential HIV related information maintained by the department only when reasonably necessary to perform the specific activities for which they have been designated as agents of the department.

4 CRR-NY 83.5 Confidentiality {#sec-4-crr-ny-83.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 83.5}

(a) No person who obtains confidential HIV related information in the course of performing his or her duties as an employee or agent of the department may disclose such information except in accordance with the provisions of the HIV and AIDS Related Information Act (Public Health Law, article 27-F) and the provisions of this Part.

(b) Any disclosure, except disclosures to employees or agents of the department where reasonably necessary to carry out their official duties and to any person to whom disclosure is mandated by a court of competent jurisdiction, must be accompanied by the following written statement prohibiting further disclosure: “This information has been disclosed to you from confidential records which are protected by State law. State law prohibits you from making any further disclosure of this information without the specific written consent of the person to whom it pertains, or as otherwise permitted by law. Any unauthorized further disclosure in violation of State law may result in a fine or jail sentence or both. A general authorization for the release of medical or other information is not sufficient authorization to further disclosure.”

(c) All disclosures, except disclosures to employees and agents as reasonably necessary to perform their official duties, are to be appropriately documented in the case folder of the protected individual, who shall be informed of such disclosures upon request.

(d) No flags on case folders, lists on walls, or other similar displays shall be used to indicate clients with HIV infection. This shall not be construed to prevent the existence of specialized caseloads.

(e) Confidential HIV related information shall not be disclosed in response to a request under the Freedom of Information Law (Public Officers Law, article 6) or in response to a subpoena. A court order issued pursuant to Public Health Law, section 2785 is required.

(f) The department will take appropriate steps to make all employees and agents aware of the provisions of the HIV and AIDS Related Information Act (PHL, article 27-F) concerning confidentiality of HIV related information and the department's rules regarding confidentiality of records. All authorized employees and agents of the department shall at all times maintain the confidentiality of any confidential HIV related information in their possession.

4 CRR-NY 83.6 Records control {#sec-4-crr-ny-83.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 83.6}

(a) The department will ensure the security of files which may contain confidential HIV related information. All officers, employees and agents of the department in possession of, or having access to, confidential HIV related information shall at all times maintain the security of all records that contain confidential HIV related information.

4 CRR-NY 83.7 Protection of others at significant risk of infection {#sec-4-crr-ny-83.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 83.7}

(a) The department shall implement and enforce a plan for the prevention of circumstances which could result in an employee or individual becoming exposed to blood or body fluids. Such a plan shall include:

(1) training for appropriate persons on the use of protective equipment, preventive practices, and circumstances that constitute significant risk exposure;

(2) appropriate training, counseling and supervision of persons regarding behaviors which pose a risk for HIV transmission at the work site. Contact notification, when appropriate, shall be conducted in accordance with Public Health Law, section 2782(4) and 10 NYCRR 63.7;

(3) use of accepted protective practices to prevent skin and mucous membrane exposure to blood, other body fluids, or other significant risk body substances, as defined in 10 NYCRR 63.9(b);

(4) the use of accepted preventive practices while handling instruments or equipment that may cause puncture injuries; and

(5) the provision, as appropriate, of personal protective equipment which is of appropriate quality and quantity.

(b) The department shall implement and enforce a plan for responding to incidents of exposure at the employee's work site to blood, other body fluids or other significant risk body substances. Such program shall include:

(1) a system for receiving voluntary reports of all exposures thought to represent a circumstance for significant risk;

(2) availability of services for evaluating the circumstances of such a reported exposure and providing appropriate follow-up of anyone who has been exposed, which includes:

(i) medical and epidemiological assessment of an employee or individual who is the source of the exposure, where that source is known, available and agrees to be tested;

(ii) if epidemiologically indicated, HIV counseling and testing of the source as permitted under article 27-F of the Public Health Law. Where the HIV status is not known to anyone who has been exposed, disclosure of the HIV status of a living person can be made only with the express written consent of the source or pursuant to court order; and

(iii) appropriate medical follow-up of employees and individuals who have been exposed; and

(3) assurances for protection of confidentiality for those involved in reported exposures.

4 CRR-NY 83.8 Severability {#sec-4-crr-ny-83.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 83.8}

If any provision of this Part or the application thereof to any person or circumstance is judged 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.

Part 89 WORKERS' COMPENSATION BENEFIT FOR CERTAIN MANAGERIAL OR CONFIDENTIAL EMPLOYEES

4 CRR-NY 89.1 Applicability {#sec-4-crr-ny-89.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 89.1}

The provisions of this Part shall apply only to officers and employees in the Executive Branch who have been designated managerial or confidential pursuant to article 14 of the Civil Service Law, (hereinafter referred to as employee), and who are subject to:

(a) the attendance rules for employees in New York State departments and institutions;

(b) the attendance rules for institution teachers of the Department of Correctional Services;

(d) the attendance rules of the Division of Military and Naval Affairs; or

(e) the attendance rules of the Division of State Police.

4 CRR-NY 89.2 Supplemental payments to certain persons receiving workers' compensation {#sec-4-crr-ny-89.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 89.2}

(a) An employee who is disabled and absent from work as a result of an illness, accident or injury incurred on or after September 1, 1986, and before July 1, 1992, who is receiving compensation pursuant to section 12 of the Workers' Compensation Law shall, in addition to such an award, receive a supplemental payment thereto from the State, as hereinafter provided, in an amount as determined by the State Comptroller, which supplement, together with said compensation, will equal such employee's regular biweekly salary, adjusted to exclude deductions from the employee's gross biweekly salary for Federal, State and municipal income tax withholdings and withholdings for social security (hereinafter referred to as the net biweekly salary), during the period that such employee is receiving compensation pursuant to the Workers' Compensation Law, or for nine months from the initial effective date of the payment of such supplement, whichever is shorter. In the event compensation pursuant to the Workers' Compensation Law is awarded retroactively, such supplement shall be paid for a period of equal length; provided, however, in no event shall the payment of said supplement be for a period in excess of nine months in the aggregate.

(b) In the event an employee receiving such supplemental payment is participating in a tax deferred annuity program as authorized by State law, rule or regulation, the amount of any salary reduction shall be ignored in computing the amount of the supplemental payment to be made to such an employee.

(c) In the event an employee is participating in the Voluntary Reduction in Work Schedule Program (VRWS), the supplemental payment herein provided shall be based on the percentage of salary the employee is receiving pursuant to the VRWS agreement with the employer; provided, however, that after 28 days of continuous absence the VRWS agreement shall be cancelled and such supplemental payment shall be recalculated on the basis of the employee's regular biweekly salary without regard to any such program participation.

(d) The supplemental payments made pursuant to this section shall be deemed a disability benefit for the purpose of adjustments to any short term or long term disability benefit otherwise payable pursuant to Part 78 of this Title.

(e) If the Workers' Compensation Board determines that compensation pursuant to section 12 of the Workers' Compensation Law is not payable, the employee shall be required to repay all amounts provided pursuant to this Part to the State in such form and in such amount as the Comptroller shall determine.

4 CRR-NY 89.3 Continuation of eligibility for certain benefits {#sec-4-crr-ny-89.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 89.3}

(a) An employee who is absent and receiving payments pursuant to this Part shall be deemed to be in full pay status for the purpose of Civil Service Law and the rules and regulations promulgated thereunder.

(b) An employee subject to this Part who is absent on workers' compensation disability leave without pay resulting from an injury or disease suffered on or after January 1, 1994 shall be deemed to be in full pay status for all other purposes of the Civil Service Law and the rules and regulations promulgated thereunder, but only for one cumulative year of absence for each such injury or disease.

4 CRR-NY 89.4 Eligibility for benefits {#sec-4-crr-ny-89.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 89.4}

(a) Except as hereinafter provided, no supplement pursuant to this Part shall be paid to an employee during the initial seven calendar days of absence due to a work connected injury or disease.

(b) If an employee is absent from work because of such injury or disease for more than seven but fewer than 15 calendar days, the supplement herein provided shall commence effective with the eighth calendar day of such absence.

(c) An employee absent from work because of such injury or disease for more than 14 calendar days shall be paid the supplement herein provided retroactive to the first day of such absence.

4 CRR-NY 89.5 Duration of supplemental benefits {#sec-4-crr-ny-89.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 89.5}

The maximum cumulative period during which a supplemental benefit shall be paid with respect to any specific injury or disease suffered by an employee as the result of his or her employment shall be nine months; provided, however, nothing herein shall prevent the employee from electing to continue to receive his or her full salary by charging appropriate leave accruals during the period prior to the payment of compensation pursuant to section 12 of the Workers' Compensation Law where the claim of the employee has not been controverted. In the event it becomes necessary to adjust the compensation otherwise payable to an employee upon a change in such employee's status, said adjustments shall be made in accordance with the procedures promulgated pursuant to this regulation.

4 CRR-NY 89.6 Policies and procedures {#sec-4-crr-ny-89.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 89.6}

The director of the personnel services division is hereby authorized to provide for the administration of this Part including the issuance of such policies, guidelines and procedures as may be necessary.

4 CRR-NY 89.7 Construction {#sec-4-crr-ny-89.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 89.7}

Nothing herein shall be deemed to continue the employment of any individual beyond that date on which such person's employment would otherwise have ended or would have been required to terminate in accordance with law, rule or regulation.

4 CRR-NY 89.8 Appeals {#sec-4-crr-ny-89.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 89.8}

Any person may appeal a denial of supplemental payments pursuant to this Part to the State Civil Service Commission by submitting a written explanation, supported by available documentary evidence, setting forth the facts upon which he or she relies to show that the denial was incorrect. Such appeal shall be filed with the commission within 30 days of the date of such denial.

Part 90 LEAVES OF ABSENCE FOR PARTICIPATION IN ATHLETIC COMPETITION

4 CRR-NY 90.1 Definitions {#sec-4-crr-ny-90.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 90.1}

For the purposes of this Part:

(a) The term public employee means any person holding a position by appointment or employment in the service of a public employer.

(b) The term public employer means:

(1) the State of New York;

(2) a county, city, town, village, or any other political subdivision or civil division of the State;

(3) a school district or any governmental entity operating a public school, college or university;

(4) a public improvement or special district;

(5) a public authority, commission or public benefit corporation; or

(6) any other public corporation, agency or instrumentality or unit of government which exercises governmental powers under the laws of the State.

(c) The term team means any group leader, coach, official or athlete who comprises the official delegation of the United States to world, Pan-American or Olympic competition.

(d) The term world level competition means any amateur competition between any athlete or athletes representing the United States and any athlete or athletes representing any foreign country, where the competition is sanctioned by the national governing body of the United States for that sport in which the employee seeking leave under this provision plans to compete.

(e) The term Pan-American competition means the official Pan-American games, sanctioned by the United States Olympic Committee, in which the United States competes as a national body.

(f) The term Olympic competition means the official Olympic games, sanctioned by the United States Olympic Committee, in which the United States competes as a national body.

4 CRR-NY 90.2 Eligibility {#sec-4-crr-ny-90.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 90.2}

(a) Eligibility for leave under this Part shall be limited to those employees who qualify as members of a United States team for athletic competition, on the world, Pan-American or Olympic level in a sport contested in either Pan-American or Olympic competitions.

(b) The granting of leave under this Part shall be discretionary with the public employer.

(1) be actively working for the employer of whom the leave is requested at the time the request is made;

(2) request such leave of absence of the employer a reasonable period which, whenever practicable, will be 15 days prior to the date the employee wishes such leave to commence;

(3) at the time of the request for leave of absence:

(i) provide the employer with the actual or anticipated dates of the competition in which the employee expects to compete, together with the dates of any official training camp period required for preparation for competition;

(ii) specify the total number of days of leave that will be necessary in order for the employee to participate in and prepare for the athletic competition or competitions involved; and

(iii) submit to the employer satisfactory evidence of qualification and selection for participation in the athletic competitions covered by this Part.

4 CRR-NY 90.3 Maximum leave allowable {#sec-4-crr-ny-90.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 90.3}

Leave shall be available only for the purpose of preparing for and engaging in the competitions set forth herein, and in no event shall the total of all such leave exceed the period of the official training camp and competition combined plus a reasonable amount of travel time or 90 calendar days a year, whichever is less.

4 CRR-NY 90.4 Termination of leave {#sec-4-crr-ny-90.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 90.4}

An employee who has been granted leave pursuant to this Part who thereafter is for any reason unable to further participate in the training period or competition covered by such leave, shall be required to immediately notify his or her public employer of such inability and such employee may be required at the election of the public employer to return to and resume the duties of his or her position forthwith, if such employee is physically able to do so; provided however, that employees who have traveled to locations of actual competition shall not be required to return prior to completion of such competition or until the scheduled departure date of the team of which they are a member, whichever is later.

4 CRR-NY 90.5 Compensation {#sec-4-crr-ny-90.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 90.5}

An employee granted leave pursuant to the provisions of this Part shall be paid at the employee's regular pay rate for each week of leave granted in the amount the employee would receive for a standard work week, but shall not be entitled to compensation for any day in camp or competition for which compensation would not ordinarily be paid.

4 CRR-NY 90.6 Employment extension {#sec-4-crr-ny-90.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 90.6}

This Part shall not be construed to authorize or require extension of any employment beyond the time at which it would otherwise terminate by operation of law, rule or regulation.

Chapter VII PUBLIC EMPLOYMENT RELATIONS BOARD

Part 200 DEFINITIONS AND GENERAL PROVISIONS

4 CRR-NY 200.1 Act; board {#sec-4-crr-ny-200.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 200.1}

The term act, as used in this Chapter, shall mean the New York State Public Employees' Fair Employment Act, and the terms board and agency shall each mean the New York State Public Employment Relations Board, or any two members thereof.

4 CRR-NY 200.2 Director; deputy chair; administrative law judge {#sec-4-crr-ny-200.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 200.2}

The term director, as used in this Chapter, shall mean the agent of the board designated as director of public employment practices and representation; the term deputy chair shall mean an agent of the board so designated; the term administrative law judge as used in this Chapter shall mean an agent of the board so designated and shall include the director and assistant director of public employment practices and representation.

4 CRR-NY 200.3 Director of conciliation {#sec-4-crr-ny-200.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 200.3}

The term director of conciliation, as used in this Chapter, shall mean the agent of the board so designated.

4 CRR-NY 200.4 Assistant director {#sec-4-crr-ny-200.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 200.4}

The term assistant director shall mean an agent of the board so designated.

4 CRR-NY 200.5 Counsel {#sec-4-crr-ny-200.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 200.5}

The term counsel, as used in this Chapter, shall mean the agent of the board so designated.

4 CRR-NY 200.6 Party {#sec-4-crr-ny-200.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 200.6}

The term party, except as otherwise provided in this Chapter, shall mean any public employee, employee organization or public employer filing a charge, petition or application under the act or this Chapter; any public employee, employee organization or public employer named as a party in a charge, petition or application filed under the act or this Chapter; or any other public employee, employee organization or public employer whose timely motion to intervene in a proceeding has been granted.

4 CRR-NY 200.7 Impartial agency {#sec-4-crr-ny-200.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 200.7}

The term impartial agency, as used in this Chapter, shall mean an agency or agent established or designated by a local government pursuant to procedures established by its legislative body under section 206.1 or section 212 of the act, which agency or agent shall be free from direction by the local government involved and without predisposition or appearance of predisposition to favor such local government or any employee organization in matters which come before it.

4 CRR-NY 200.8 Certification {#sec-4-crr-ny-200.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 200.8}

The term certification, as used in this Chapter, shall mean the designation of an employee organization as negotiating representative of employees in an appropriate unit by the board or by a local impartial agency established pursuant to section 206.1 or section 212 of the act.

4 CRR-NY 200.9 Recognition {#sec-4-crr-ny-200.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 200.9}

The term recognition, as used in this Chapter, shall mean the designation of an employee organization as negotiating representative of employees in an agreed-upon unit by a government not acting through an impartial agency pursuant to section 206.1 or section 212 of the act.

4 CRR-NY 200.10 Computing time {#sec-4-crr-ny-200.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 200.10}

(a) The term working days, as used in this Chapter, shall not include a Saturday, a Sunday, or a legal holiday.

(b) The term days, as used in this Chapter, shall refer to calendar days.

(c) In computing any period of time prescribed or allowed by these rules, or by order or direction, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it falls on a Saturday, a Sunday, or a legal holiday, in which event the period shall run to the next working day.

4 CRR-NY 200.11 Filing; service {#sec-4-crr-ny-200.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 200.11}

(a) The term filing, as used in this Chapter, except as otherwise specifically provided, shall mean delivery to the board or an agent thereof, or the act of mailing to the board, or deposit of the papers enclosed in a properly addressed wrapper into the custody of an overnight delivery service for overnight delivery, before the latest time designated by the overnight delivery service for overnight delivery.

(b) The term service, as used in this Chapter, except as otherwise specifically provided, shall mean delivery to a party or the act of mailing to a party, or deposit of the papers enclosed in a properly addressed wrapper into the custody of an overnight delivery service for overnight delivery, before the latest time designated by the overnight delivery service for overnight delivery. Personal service is complete upon delivery. Service by mail or by overnight delivery is complete at the time of sending. Except as otherwise directed by the board or one of its designees, where a paper described in this Chapter is served by regular mail, the due date of any response will have five calendar days added to the time specified in this Chapter. In the case of service by overnight delivery, an additional day will be added to any prescribed time in which any responsive pleadings, papers, or other required act triggered by the service is calculated.

(c) Overnight delivery service means any delivery service which regularly accepts items for overnight delivery to any address in the State.

(d) Proof of service shall mean evidence that any document required to be filed with the board or any of its agents was delivered to all other parties or other mandated recipients as required by these rules or by the act. Proof of service shall consist of an affirmation by the individual who served the document, specifying the document served, the person or persons upon whom it was served, and the means by which it was served. Such affirmation shall be signed and shall state “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.” Proof of service may also take the form of a United States Postal Service tracking receipt or report, or by other United States Postal Service issued document establishing the date of mailing, the identity and address of the recipients, or an acknowledgment of receipt, whether sworn or unsworn, by the party or parties upon whom service is required, or by an agent thereof.

4 CRR-NY 200.12 Electronic filing and service {#sec-4-crr-ny-200.12 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 200.12}

(a) Notwithstanding any provisions of this Chapter to the contrary including section 200.11 of this Part, the director or administrative law judge before whom a matter is pending may permit the electronic filing and electronic service of any or all pleadings or related documents by and upon a party to a proceeding if such party expressly so consents to electronic service in a form provided by the board. Such permission and consent must be on notice to all parties.

(b) Notwithstanding any provisions of this Chapter to the contrary including section 200.11 of this Part, the chairperson, in consultation with the board, may generally authorize the electronic service and/or filing of any documents for any or all proceedings before it or before an administrative law judge provided that: such general authorization is posted on the board’s website and such general authorization becomes effective no sooner than 60 days from the date of such posting; provision is made to permit unrepresented individuals to choose to file and receive all pleadings, memoranda, correspondence and any case-related information in paper form; and the board or its designees retain discretion in determining whether to grant the application of a party to file and serve in paper form due to hardship, inability to comply with the procedure, or other good cause shown.

(c) The term electronic filing, as used in this Chapter, shall mean a document submitted by means specified by the agency on its website. Such documents shall be:

(1) in a format that can be read using software that is readily available and is in widespread use by government, businesses, and individuals; and

(2) electronically searchable unless the party providing the document certifies in a written attachment to document served and/or in any required proof of service that it does not have the capacity to produce a searchable file.

(d) The term electronic service, as used in this Chapter, shall mean delivery before the latest time designated for service by electronic mail to a party sent to an electronic mail address designated by the recipient. Electronic service is deemed complete upon sending unless an error message or other notification that the served document has not been successfully dispatched or received is returned, in which case the service is null and void.

4 CRR-NY 200.13 Showing of interest {#sec-4-crr-ny-200.13 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 200.13}

The term showing of interest, as used in this Chapter, shall mean a designated percentage of public employees in an allegedly appropriate negotiating unit or a negotiating unit determined to be appropriate, who support the filing of a petition or a motion to intervene. Any showing of interest must be accompanied by a declaration of authenticity as set forth in section 201.4(d) of this Title. A showing of interest may also be used to determine whether an employee organization is entitled to certification without an election pursuant to section 201.8(c)(1) of this Chapter.

4 CRR-NY 200.14 Affirmations {#sec-4-crr-ny-200.14 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 200.14}

Any affirmation submitted pursuant to these rules shall be signed and shall state “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.” The board will prescribe forms consistent with this section. Any requirement in this Chapter for an affirmation may alternatively be satisfied by submitting a writing signed and sworn to before any person authorized to administer oaths.

Part 201 DETERMINATION OF REPRESENTATION STATUS UNDER SECTION 207 OF THE ACT

4 CRR-NY 201.1 Scope {#sec-4-crr-ny-201.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 201.1}

(a) The following relates to all public employees except:

(1) employees employed by a government that has adopted procedures by local law, ordinance or resolution, pursuant to section 212 of the act, and with respect to which there is in effect a determination by the board that such provisions and procedures are substantially equivalent to the provisions and procedures set forth in the act and in pertinent rules with respect to the State (see Part 203 of this Chapter); and

(2) employees covered by chapter 54 of the Charter and section 1173 specifically and title 12 generally of the Administrative Code of the City of New York.

(b) Except for section 201.9, this Part does not relate to public employees employed by a government which has acted through its legislative body pursuant to section 206.1 of the act and established an impartial agency to administer procedures not inconsistent with section 207 of the act (see Part 202 of this Chapter).

4 CRR-NY 201.2 Petition; filing {#sec-4-crr-ny-201.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 201.2}

(a) A petition to investigate a question concerning representation of public employees under the act (hereinafter called a petition for certification), or a petition alleging that an employee organization which has been certified or is being currently recognized should be deprived of representation status as to all or part of a unit (hereinafter called a petition for decertification), may be filed by one or more public employees or any employee organization acting in their behalf, or by a public employer, provided that individual employees may not file a petition for certification.

(b) A petition may be filed at any time by a public employer or a recognized or certified employee organization to clarify whether a position is encompassed within the scope of an existing unit (hereinafter called a unit clarification petition), or to determine the unit placement of a position (hereinafter called a unit placement petition). The filing and processing of the petition shall be in accordance with sections 201.5(c), (d), 201.7, 201.8(a) and (g), and 201.10 of this Part, and Part 212 of this Title. Section 201.4 of this Part shall not apply. In determining the unit placement of a position, the administrative law judge shall consider whether the placement would be consistent with the criteria set forth in section 207 of the act. The administrative law judge may decline to make any clarification or placement not otherwise consistent with the purposes or policies of the act. Exceptions to any determination of the administrative law judge may be filed pursuant to Part 213 of this Title.

(c) Petitions under this section shall be on a form prescribed by the board. In cases filed by paper filing, a signed original and four copies of the petition shall be filed with the director. In electronically filed cases, a signed paper original will be submitted in addition to the electronically filed petition. Prior to an administrative law judge issuing a decision, a petition may be withdrawn only with the consent of the director. After the issuance of a decision by the administrative law judge, the petition may be withdrawn only with the consent of the board. Whenever the director or the board, as the case may be, approves withdrawal of any petition, the case shall be closed.

4 CRR-NY 201.3 Time for filing of petitions {#sec-4-crr-ny-201.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 201.3}

(a) A petition for certification concerning unrepresented employees may be filed between 30 and 120 days after a public employer has been asked to recognize an employee organization, if the request has not been denied and no employee organization has been recognized or certified as majority representative of any of the employees within the unit alleged to be appropriate. A petition may be filed by the public employer within 120 days after receipt of a demand for recognition. Unless filed by a public employer, such a petition shall be supported by a showing of interest of at least 30 percent of the employees within the unit alleged to be appropriate.

(b) A petition for certification concerning unrepresented employees may be filed by an employee organization within 90 days after it has been refused recognition by the public employer. Such a petition shall be supported by a showing of interest of at least 30 percent of the employees within the unit alleged to be appropriate.

(c) A petition for certification or decertification may be filed within 30 days after publication of notice as described in section 201.6 of this Part, or receipt of written notice, that another employee organization has been recognized. Such a petition shall be supported by a showing of interest of at least 30 percent of the employees in the existing unit or the unit alleged to be appropriate by the petitioner.

(d) A petition for certification or decertification may be filed during the month before the expiration, under section 208.2 of the act, of the period of unchallenged representation status accorded a recognized or certified employee organization; provided, however, that a public employer may not file a petition challenging the majority status of a recognized or certified employee organization in an existing negotiating unit unless it has a demonstrable, good-faith belief that the employee organization is defunct. If a public employer is not the petitioner, a petition for certification or decertification shall be supported by a showing of interest of at least 30 percent of the employees in the unit for which certification has been granted, or of the unit alleged to be appropriate by the petitioner. If the petition is solely one for decertification, it shall be supported by a showing of interest of at least 30 percent of the employees in the existing unit. A petition seeking to certify a fragment of an existing bargaining unit as a separate bargaining unit shall be supported by a showing of interest of at least 30 percent of the unit alleged to be appropriate.

(e) A petition for certification or decertification may be filed by an employee organization other than the recognized or certified employee organization and a petition for decertification may be filed by one or more public employees, if no new agreement is negotiated, 120 days subsequent to the expiration of a written agreement between the public employer and the recognized or certified employee organization or, if the agreement does not expire at the end of the employer's fiscal year, then 120 days subsequent to the end of the fiscal year immediately prior to the termination date of such agreement. Thereafter, such a petition may be filed until a new agreement is executed. Such a petition shall be supported by a showing of interest of at least 30 percent of the employees in the unit already in existence or alleged to be appropriate by the petitioner.

(f) A petition for decertification may be filed by public employees or by a public employee organization, other than the recognized or certified employee organization, or a petition for certification may be filed by a public employee organization other than the recognized or certified employee organization, commencing one year after such recognition or certification, unless and until the recognized or certified employee organization has negotiated its first collective bargaining agreement.

(g) A petition for certification or decertification which seeks to review a determination of representation status of public employees made by a local government pursuant to section 212 of the act may be filed together with a petition for review under section 203.8 of this Chapter. Such a petition will not be processed unless the board determines that the continuing implementation of the provisions and procedures of the local government has not been substantially equivalent to the provisions and procedures set forth in the act and these rules. If a public employer is not the petitioner, such a petition shall be supported by a showing of interest of at least 30 percent of the employees in the unit deemed appropriate by the local government or an impartial agency.

4 CRR-NY 201.4 Showing of interest {#sec-4-crr-ny-201.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 201.4}

(a) A showing of interest shall be filed simultaneously with a petition or motion to intervene.

(b) In determining whether the evidence submitted to establish a showing of interest is timely, the director shall accept evidence of current membership. The director shall also accept dues deduction authorizations, original designation cards, or petitions on a form prescribed by the board, all of which were signed and dated within one year of their submission. A showing of interest may consist of any combination of the foregoing evidence, membership lists, dues deduction authorizations. Designation cards shall be submitted in alphabetical order. The director may require that an alphabetized listing of the names of the signatories on individually signed and dated petitions be filed within a reasonable period of time after submission of the showing of interest petitions. If such an alphabetized listing is required, the person or persons filing the listing shall simultaneously file with the director a signed attestation that the listing sets forth only the names of the signatories on the showing of interest petitions.

(c) A determination by the director that a showing of interest is timely and that it is numerically sufficient is a ministerial act and cannot be reviewed by the board.

(d) A declaration of authenticity shall be filed by the petitioner or, in the case of a motion to intervene, the movant, with the director simultaneously with the filing of the showing of interest. Such declaration shall contain the following:

(1) the name of the individual executing the declaration, and a statement of the declarant's authority to execute it;

(2) a declaration that, upon the declarant's personal knowledge or upon the declarant’s inquiries, the persons whose names appear on the evidence submitted have themselves signed such evidence on the dates specified thereon, and that the persons specified as current members are in fact current members and, that inquiry was made regarding their inclusion in the negotiating unit which is the subject of the representation petition. If the declaration is upon inquiries the declarant has made, and not upon the declarant's personal knowledge, the declarant shall specify the nature of those inquiries; and

(3) a signed affirmation stating, “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.”

(e) The director may direct an investigation and, if necessary, a hearing to ascertain whether the evidence submitted is accurate. If it is determined after investigation or hearing that the evidence is fraudulent or that the declaration is false, such reasonable action as is appropriate to protect the integrity of the procedures of the board in connection with the pending matter shall be taken. Such a determination and such action taken shall be reviewable by the board pursuant to Part 213 of this Title.

4 CRR-NY 201.5 Contents of petition for certification; contents of petition for decertification; contents of petition to clarify existing unit or to determine unit placement of positions; response to petition {#sec-4-crr-ny-201.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 201.5}

(a) A petition for certification shall contain the following:

(1) the name, affiliation, if any, and address of petitioner;

(2) the name and address of the public employer involved;

(3) a description of the negotiating unit which the petitioner claims to be appropriate;

(4) the names and addresses of any other employee organizations which claim to represent any public employees within the allegedly appropriate unit. If there is any contract covering public employees in such unit, petitioner shall specify the duration, the parties, and the unit involved in the contract, or attach a copy of the contract, and the date of the commencement of the fiscal year of the employer;

(5) the number of employees in the allegedly appropriate unit;

(6) if an employee organization, whether the showing of interest requirement, as set forth in sections 201.3 and 201.4 of this Part, is met;

(7) if an employee organization is seeking to represent a unit of unrepresented employees, the date on which it asked the public employer for recognition;

(8) if an employee organization, an affirmation that petitioner and the employee organization, if any, with which it is affiliated does not assert the right to strike against any government, to assist or participate in any such strike, or to impose an obligation to conduct, assist or participate in such a strike; and

(9) a clear and concise statement of any other relevant facts.

(b) Petitions for decertification shall contain the following:

(1) the name, affiliation, if any, and address of petitioner;

(2) the name or names of the employee organization(s) which have been certified or are currently recognized by the public employer and which claim to represent the employees in the unit involved, the expiration date of any contract covering such employees, and the date of the commencement of the fiscal year of the employer;

(3) the name and address of the public employer involved;

(4) whether the employee organization(s) which have been certified or are currently recognized by the public employer have engaged in a strike or have caused, instigated, encouraged or condoned a strike against any government;

(5) the grounds upon which decertification or revocation of recognition is sought;

(6) a description of the unit, including the number of employees;

(7) if an employee organization, whether the showing of interest requirement, as set forth in sections 201.3 and 201.4 of this Part, is met; and

(8) a clear and concise statement of any other relevant facts.

(1) the name, affiliation, if any, and address of the recognized or certified employee organization;

(2) the name and address of the public employer involved;

(3) a description of any affected existing negotiating unit, a copy of any applicable certification or recognition, and the date thereof;

(4) the number of employees in the existing unit and in the unit proposed in the petition;

(5) the job description and classification of each position;

(6) the name and address of any other employee organization which claims to represent the position;

(7) a copy of any contract affecting the position; and

(8) a statement by the petitioner setting forth the details of the desired clarification or placement and the reasons therefor.

(d) Response.

Except for the petitioner, all parties shall file either an original and 4 copies of a response to the petition, or, in electronically filed cases, a paper original in addition to the electronically filed copy, with the director within 10 working days after receipt of a copy of the petition from the director, with proof of service of a copy thereof upon all other parties. The response shall include a specific admission, denial or explanation of each allegation made by the petitioner, a description of the unit claimed to be appropriate by the responding party for the purpose of collective negotiations and a clear and concise statement of any other facts which the responding party claims may affect the processing or disposition of the petition, along with a signed declaration of its truthfulness by an identified representative of the responding party.

(e) Notice of filing of petition.

In any case in which the director determines that notice in accordance with this section may be reasonably given by a party filing a petition for certification or a petition under section 201.2(b) of this Part, which seeks a review of a managerial or confidential designation made pursuant to section 201.9 of this Part, that party shall mail or, in electronically filed cases, electronically mail, notice thereof in conformity with the director's determination to each managerial or confidential designee named in the petition and state in writing to the director that it has mailed or electronically mailed the notice of filing in accordance with this section. The notice shall include the date the petitioner filed the petition with the director and a copy of the petition and such attachments thereto as pertain to the named designee.

(f) The director or designated administrative law judge may permit an amendment of a petition at any time prior to the issuance of a decision, for good cause shown and under such terms as may be deemed just and proper, filed and served consistently with the method of filing and service of the original petition, and proof of service on all other parties provided, however, that petitions filed pursuant to section 201.3 of this Part, or motions to intervene in such matters, may not be amended where such amendment is not supported by the showing of interest accompanying the original petition or motion to intervene.

4 CRR-NY 201.6 Publication {#sec-4-crr-ny-201.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 201.6}

(a) A public employer must publish notice of recognition in the following manner:

(1) posting such written notice in a conspicuous place at suitable offices of the public employer for not less than five working days;

(2) publishing such notice in a newspaper of general circulation in the area of the public employer for not less than one day;

(3) notifying every employee organization that has, in a written communication within one year preceding the recognition, claimed to represent any of the employees in the unit; and

(4) disseminating such notice to all employees by any electronic means of communication normally in use for communications between the public employer and its employees.

(b) The information published shall include:

(1) the name of the employee organization which has been recognized;

(2) the job titles included in the unit for which it has been recognized; and

(3) the date of recognition.

(d) If notice of recognition has not been published, neither the recognition nor a contract entered into pursuant thereto will bar a petition for certification or decertification unless the petitioner has received written notice of such recognition more than 30 days prior to the filing of the petition.

4 CRR-NY 201.7 Notice of pending petitions {#sec-4-crr-ny-201.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 201.7}

Upon the filing of a petition under this Part, notice thereof, including the date when such petition was filed, the name and address of the petitioner, the name and address of the public employer involved, and the unit claimed to be appropriate shall be maintained by an agent of the board on a public docket to be kept by the board at its principal office.

4 CRR-NY 201.8 Investigation and election {#sec-4-crr-ny-201.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 201.8}

(a) Initial review and processing.

(1) Investigation. After the filing of a petition, the director shall direct an investigation of all questions concerning representation, including, if applicable, whether the showing of interest requirement, as set forth in sections 201.3 and 201.4 of this Part, has been satisfied; whether more than one employee organization seeks to represent some or all of the employees in the allegedly appropriate unit; and whether there is agreement among the parties as to the appropriateness of the proposed unit.

(2) Pre-hearing conference. The director may direct all parties to attend a pre-hearing conference pursuant to the procedures specified in Part 212 of this Title.

(3) Hearing. The director may direct that a hearing be conducted by an administrative law judge, in which event a notice of hearing specifying the time and place of the hearing shall be served upon the parties. The conduct of the hearing shall be in accordance with the procedures specified in Part 212 of this Title.

(b) Determination of representatives on consent.

Subject to the director’s approval, the parties in a representation case may agree on a method by which the director may determine the question of representation.

After completing the investigation or hearing, as the case may be, or upon the consent of the parties, the director shall dispose of the questions concerning representation.

(1) Certification without an election. If the choice available to the employees in a negotiating unit is limited to selecting or rejecting a single employee organization, that choice may be ascertained by the director on the basis of dues deduction authorizations and other evidence instead of by an election. In such case, the employee organization involved will be certified without an election if a majority of the employees within the unit have executed a showing of interest pursuant to section 201.4(b) of this Part which remains current as defined in that section. Any new or additional evidence of majority support shall be accompanied by a declaration of authenticity, as defined in section 201.4(d) of this Part. The determination by the director that the indications of employee support are not sufficient for certification without an election is a ministerial act and will not be reviewed by the board. The director shall inform all parties in writing if the director determines that the indications of employee support are sufficient for certification without an election. The director's determination in this respect is reviewable by the board pursuant to a written objection to certification filed with the board by a party within five working days after its receipt of the director's notification. An objection to certification shall set forth all grounds for the objection with supporting facts and shall be served on all parties to the proceeding. A response to the objection may be filed within five working days after a party's receipt of the objection. A copy of any response shall be served on all other parties.

(2) Direction of an election. An election will be held whenever the choice available to the employees within a negotiating unit includes more than one employee organization, or when the only employee organization seeking certification does not produce indications of employee support sufficient for certification without an election. If the director determines that an election shall be held, such election shall be conducted by an agent of the board at such time and place and upon such terms and conditions as the board, the director or the agent may specify.

(d) Election procedure.

(1) Unless otherwise directed by the board, the director shall conduct and supervise all elections. All elections shall be by secret ballot. Absentee ballots will not be permitted. A motion to intervene in any such election may be filed pursuant to section 212.1 of this Title, as long as notification of such desire is given to the director within what the director deems to be a reasonable time prior to the scheduled date of the election. Whenever two or more employee organizations are included as choices in an election, any participant may, upon prompt request to and approval by the director, have its name removed from the ballot; provided, however, that with respect to a petition for decertification, the employee organization certified or currently recognized may not have its name removed from the ballot without giving due notice in writing to all parties and the director, disclaiming any representation interest among the public employees in the unit. Any party may be represented by observers of its own selection, subject to such limitations as the director may prescribe. Any party or the board's agent may challenge, for good cause, the eligibility of any person to participate in the election. The ballots of such challenged persons shall be impounded. Upon the conclusion of the election, the tally of ballots shall be provided to the parties.

(2) Any party may file with the director an original and four copies of objections to the conduct of the election or conduct affecting the results of the election within five working days after its receipt of a final tally of ballots. Such objections shall contain a clear and concise statement of the facts constituting the bases for the objection, including the names of the individuals involved and the time and place of occurrence of each particular act alleged. The objections shall be in writing and shall contain a signed affirmation stating, “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.” Copies of such objections shall simultaneously be served upon each of the other parties by the party filing them, and proof of service shall be filed with the director. Should the chairperson authorize electronic filing of objections, the filing of a 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.

(3) An original and four copies of an answer shall be filed with the director within five working days after receipt from the director of notice of processing of the objections, with proof of service on all other parties. The answer shall contain a specific admission, denial or explanation of each allegation of the objection and a clear and concise statement of any other relevant facts. The original shall be signed and shall contain a signed affirmation stating, “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.” Should the chairperson authorize electronic filing of objections, the filing of a 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. If a party fails or refuses to file an answer, such failure or refusal may be deemed to constitute that party's admission of the material facts in the objections and a waiver by that party of a hearing.

(4) If objections are filed to the conduct of the election or conduct affecting the results of the election, or if challenged ballots are sufficient in number to affect the results of the election, the director shall investigate such objections or challenges, or both, and shall take the appropriate action which may include the direction of a hearing in accordance with the provisions of Part 212 of this Title and the issuance of a decision.

(e) Runoff election.

(1) The director may conduct a runoff election without further order of the board when an election in which the ballot provides for not less than three choices (i.e., at least two employee organizations and “neither”) results in no choice receiving a majority of the valid ballots cast. Only one runoff shall be held pursuant to this section, unless the board directs otherwise.

(2) The ballot in the runoff election shall provide for a selection among the two or more choices receiving the largest number of votes, the sum of whose votes aggregate at least one more than half of the total votes cast. Upon the conclusion of the runoff election, the provisions of subdivision (d) of this section shall govern insofar as applicable.

4 CRR-NY 201.9 Employer applications for designation of persons as managerial or confidential {#sec-4-crr-ny-201.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 201.9}

(a) Application; parties.

(1) An application by a public employer seeking a designation by the board of certain persons as managerial or confidential as defined in section 201.7(a) of the act shall be on a form prescribed by the board for that purpose. Unless the board has mandated or permitted electronic filing with respect to such applications, an original and four copies of the application shall be filed with the director. Prior to the issuance of a decision by the administrative law judge pursuant to section 201.10 of this Part, an application may be withdrawn only with the consent of the director. After the issuance of a decision by the administrative law judge, the application may be withdrawn only with the consent of the board. Whenever the director or the board, as the case may be, approves withdrawal of any application, the case shall be closed. Should the chairperson authorize electronic filing of applications, the filing of a 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.

(2) The parties are the applicant and the persons who are within any of the job titles which the public employer is seeking to have designated as managerial or confidential; provided, however, that if any such persons are represented by a recognized or certified employee organization, such employee organization is a party in their stead.

(b) Time for filing of applications.

An application may be filed at any time; provided, however, that with respect to any persons who are in a unit for which an employee organization has been recognized or certified, only one application which has been processed to completion may be filed during a period of unchallenged representation status.

Simultaneously with the filing of an application under this section, notice thereof, including the date when such application was filed with the director, shall be served by the public employer upon each of the persons who are within any of the job titles which the public employer is seeking to have designated as managerial or confidential, and upon any employee organization which has been recognized or certified to represent any of them.

(d) Contents of application.

An application shall contain the following:

(1) the name and address of the public employer filing the application;

(2) the name and address of the attorney or representative of the public employer;

(3) each of the job titles that the public employer seeks to have designated as managerial or confidential, and the number of persons in each job title;

(4) a statement as to whether any of these job titles are within a unit presently represented by a recognized or certified employee organization or whether an employee organization is presently seeking to represent the persons occupying any of these job titles and the name of the employee organization;

(5) if there is any contract covering the persons within the job titles which it claims are managerial or confidential, the public employer shall specify the duration, the parties, and the unit involved in the contract;

(6) a statement as to whether the employer has ever filed a previous application seeking the designation of any of these job titles as managerial or confidential;

(7) a statement as to whether copies of the relevant job descriptions are attached;

(8) a statement that notice of the filing of an application has been mailed to each of the persons who are within any of the job titles which it is alleged are managerial or confidential, and to any employee organization which has been recognized or certified to represent any of them; and

(9) a clear and concise factual statement in support of the application, which shall identify job duties performed which allegedly form the basis for the designation sought.

(e) Response.

The parties, as defined by paragraph (a)(2) of this section, except the applicant, shall file with the director within 10 working days after receipt of a copy of the application from the director, an original and 4 copies of a response to the application containing a signed declaration of its truthfulness by an identified representative of the responding party, with proof of service of a copy thereof upon all other parties. Should the chairperson authorize electronic filing of applications, the filing of a 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 response shall include a specific admission, denial or explanation of each allegation made by the applicant and a clear and concise statement of any other facts which may bear on the application. If a responding party objects to the processing of an application on the ground that it was filed earlier than the time provided in subdivision (b) of this section, the response shall include a specific, detailed statement of why the application is untimely. Such objection to the processing of the application, if not duly raised, may be deemed waived.

(f) Withdrawal of applications.

Before the issuance of a decision by the administrative law judge pursuant to section 201.10 of this Part, an application may be withdrawn only with the consent of the director. After the issuance of a decision by the administrative law judge, the application may be withdrawn only with the consent of the board. Whenever the director or the board, as the case may be, approves withdrawal of any application, the case shall be closed.

(g) Investigation.

After the filing of an application, the director shall direct an investigation of all questions raised by the application.

(h) Pre-hearing conference.

The director may direct all parties to attend a pre-hearing conference pursuant to the procedures specified in Part 212 of this Title.

(i) Hearing.

A hearing may be conducted by an administrative law judge, in which event a notice of hearing specifying the time and place for the hearing shall be served on the parties. The conduct of the hearing shall be in accordance with the procedures specified in Part 212 of this Title.

4 CRR-NY 201.10 Decision by administrative law judge {#sec-4-crr-ny-201.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 201.10}

Upon completion of proceedings, the administrative law judge shall issue a decision and submit the record of the case to the board. The record shall include the petition or application, notice of hearing, motions, rulings, orders, stenographic record of the hearing, stipulations, exceptions, documentary evidence, any briefs or other documents submitted by the parties, objections to the conduct of an election or conduct affecting the results of an election, and the decision of the administrative law judge.

4 CRR-NY 201.11 Exceptions to decision of administrative law judge; action by board {#sec-4-crr-ny-201.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 201.11}

Exceptions to a decision by an administrative law judge may be filed pursuant to Part 213 of this Title.

4 CRR-NY 201.12 [Repealed] {#sec-4-crr-ny-201.12 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 201.12}

Part 202 PROCEDURE FOR THE REVIEW OF QUESTIONS CONCERNING THE CERTIFICATION OF EMPLOYEE ORGANIZATIONS UNDER SECTION 206.1 OF THE ACT

4 CRR-NY 202.1 Scope {#sec-4-crr-ny-202.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 202.1}

The following relates to public employees of a local government which has acted through its legislative body pursuant to section 206.1 of the act and established an impartial agency to administer procedures not inconsistent with section 207 of the act and pertinent sections of this Chapter.

4 CRR-NY 202.2 Petitions; filing {#sec-4-crr-ny-202.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 202.2}

A petition to review a question concerning the certification of an employee organization under procedures established by a local government pursuant to section 206.1 of the act (hereinafter called a petition for review), may be filed by one or more public employees within the affected negotiating unit or any employee organization acting in their behalf, or by a public employer; provided, however, that individual employees may not seek certification. Petitions under this section shall be in writing and signed. An original and four copies of the petition shall be filed with the director. Petition forms will be supplied by the board upon request, or will be available on the agency’s website. Should the chairperson authorize electronic filing of petitions, the filing of a 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. Before the submission of a case to the board pursuant to section 202.8 of this Title, the petition may be withdrawn only with the consent of the director. After the submission of a case to the board, the petition may be withdrawn only with consent of the board. Whenever the director or the board, as the case may be, approves withdrawal of any petition, the case shall be closed.

4 CRR-NY 202.3 Time for filing of petitions {#sec-4-crr-ny-202.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 202.3}

(a) A petition for review may be filed within 30 days after an impartial agency designated by a local government pursuant to section 206.1 of the act has certified or decertified an employee organization, determined that no employee organization should be certified in an appropriate negotiating unit, or refused to decertify an employee organization.

(b) A petition for review which alleges that an impartial agency has not begun to process a petition expeditiously may be filed not less than 30 days after petitioner has filed a petition for certification or decertification with the impartial agency.

4 CRR-NY 202.4 Contents of petition for review {#sec-4-crr-ny-202.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 202.4}

A petition for review shall contain the following:

(a) The name, affiliation, if any, and address of petitioner.

(b) The name and address of the public employer involved.

(c) A summary of the proceedings, if any, before the impartial agency established under section 206.1 of the act, including copies of the petition and other documents filed in such proceedings or issued by the impartial agency.

(d) A clear and concise statement of the grounds for alleging that the procedures established by the local public employer are not consistent with the provisions of sections 206.1 and 207 of the act and pertinent sections of this Chapter, or that the decision of the impartial agency is repugnant to the act and pertinent sections of this Chapter.

(e) A statement that the matter is not subject to section 212 of the act.

(f) If petitioner is seeking certification:

(1) an affirmation that petitioner does not assert the right to strike against any government, to assist or participate in any such strike, or to impose an obligation to conduct, assist or participate in such a strike;

(2) a description of the negotiating unit which petitioner claims to be appropriate;

(3) the number of employees in the allegedly appropriate unit;

(4) whether the showing of interest requirement, as set forth in sections 201.3 and 201.4 of this Title, is met;

(5) the date upon which petitioner asked the public employer for recognition; and

(6) the names and addresses of any other employee organizations which claim to represent any public employees within the allegedly appropriate unit. If there is any contract covering the public employees in such unit, petitioner shall specify the duration, the parties and the unit included in the contract, or attach a copy of the contract.

(g) If the petitioner is seeking decertification:

(1) the name or names of the employee organization(s) which have been certified or are currently being recognized by the public employer and which claim to represent the employees in the unit involved, and the expiration date of any contract covering such employees;

(2) the grounds upon which decertification or revocation of recognition is sought;

(3) a description of the unit including the number of employees;

(4) if an employee organization, whether the showing of interest requirement, as set forth in sections 201.3 and 201.4 of this Title, is met; and

(5) whether the employee organization(s) which have been certified have engaged in a strike or have caused, instigated, encouraged or condoned a strike against any government.

(h) A clear and concise statement of any other relevant facts.

4 CRR-NY 202.5 Intervention {#sec-4-crr-ny-202.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 202.5}

Intervention is permitted in accordance with the procedures specified in section 212.1 of this Chapter.

4 CRR-NY 202.6 Notice of pending petitions {#sec-4-crr-ny-202.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 202.6}

Notice of pending petitions shall be provided in the manner specified in section 201.7 of this Title.

4 CRR-NY 202.7 Investigation and hearing {#sec-4-crr-ny-202.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 202.7}

(a) The director shall direct an investigation of questions raised by the petition including, if applicable, whether the showing of interest requirement, as set forth in sections 201.3 and 201.4 of this Title, has been met. The investigator shall also consider whether the procedures established by the local public employer are consistent with the provisions of sections 206.1 and 207 of the act and pertinent sections of this Chapter, and whether the decision of the impartial agency is repugnant to the act and pertinent sections of this Chapter.

(b) The director may direct that a hearing be conducted by an administrative law judge, in which event the procedures shall be those specified in Part 212 of this Title.

4 CRR-NY 202.8 Decision by administrative law judge {#sec-4-crr-ny-202.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 202.8}

Upon completion of the proceedings, the administrative law judge shall issue a decision and submit the record of the case to the board, as specified in section 201.10 of this Title.

4 CRR-NY 202.9 Exceptions to decision of administrative law judge; action by the board {#sec-4-crr-ny-202.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 202.9}

Exceptions to a decision of the administrative law judge and final action by the board shall be as set forth in section 201.11(a) and Part 213 of this Title.

Part 203 PROCEDURES FOR THE APPROVAL OR REVIEW OF LOCAL GOVERNMENT PROCEDURES UNDER SECTION 212 OF THE ACT

4 CRR-NY 203.1 Application for approval; filing {#sec-4-crr-ny-203.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 203.1}

An original and four copies of an application may be filed by a local government which, acting through its legislative body, has adopted or amended by local law, ordinance or resolution its own provisions and procedures, for a determination by the board that such provisions and procedures are substantially equivalent to the provisions and procedures set forth in the act and these rules. Applications under this section shall be in writing and signed. Should the chairperson authorize electronic filing of applications, the filing of a 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. Application forms will be supplied by the board upon request, and will be available on the agency’s website. Such an application may be filed at any time after the applicant has given public notice of its intention to so file, and may be withdrawn by the applicant at any time before disposition of it by the board and after giving public notice of such withdrawal. Such public notice shall be by posting in a conspicuous place at suitable offices of the applicant for not less than five working days, and inclusion in a public advertisement in a newspaper of general circulation in the area of the applicant for not less than one day.

4 CRR-NY 203.2 Contents of application {#sec-4-crr-ny-203.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 203.2}

An application for determination that local provisions and procedures are substantially equivalent to the provisions and procedures set forth in the act and these rules shall contain the following:

(a) name and address of the applicant;

(b) a copy of the local law, ordinance or resolution adopted or amended by the legislative body of the applicant;

(c) if an amendment, a statement as to whether the local law, ordinance or resolution to be amended has been determined to be substantially equivalent to the provisions and procedures set forth in the act and these rules and, if so, whether the board has determined that the continuing implementation of such local law, ordinance or resolution was not substantially equivalent to such provisions and procedures;

(d) a copy of the public notice announcing the application and a description of the manner and date of its publication;

(e) the names and addresses of any employee organizations which have been certified or recognized to represent any public employees of the applicant; and

(f) the names and addresses of any other employee organizations which claim to represent any public employees of the applicant.

4 CRR-NY 203.3 Objections {#sec-4-crr-ny-203.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 203.3}

Any objections to the granting of the application may be filed and served in the same manner as the application by any person or employee organization within 15 working days after receipt by the board of the application; provided, however, that the board may excuse the late filing of objections because of extraordinary circumstances.

4 CRR-NY 203.4 Investigation and hearing {#sec-4-crr-ny-203.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 203.4}

(a) The board shall direct an investigation of any questions raised by the application and such objections to the application as may be filed with the board. In conducting such an investigation, the board or its agent may require affirmations or direct a hearing. Any affirmation shall contain the language set forth in section 200.14 of this Title. If a hearing is directed, the board or its agent shall prepare and cause to be served upon the applicant and any party a notice of hearing before the board or its designated administrative law judge at a time and place fixed therein.

(b) In the event a hearing is directed, the provisions of Part 212 of this Chapter shall govern.

4 CRR-NY 203.5 Determination by the board {#sec-4-crr-ny-203.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 203.5}

After receipt of a report and recommendations from its agent and of the record of any hearing which may have been held, or upon the completion of its own investigation, and upon such exceptions as may have been filed pursuant to Part 213 of this Title, the board shall decide the issues and make such disposition of the matter as it deems appropriate.

4 CRR-NY 203.6 Termination or amendment of procedures by a local government {#sec-4-crr-ny-203.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 203.6}

(a) To be approved, the provisions and procedures established by a local government under section 212 of the act must provide, inter alia, that termination shall become effective no sooner than 60 days after the filing with the board of a duly certified copy of a local law, ordinance or resolution of such local government terminating the applicability of the local provisions and procedures, or on the date specified in the local law, ordinance or resolution, whichever is later. The provisions and procedures must also provide that the local government will give public notice of the termination of the local procedures at least 45 days prior to the effective date thereof, by posting in a conspicuous place at suitable offices of its own for not less than five working days and inclusion in a public advertisement in a local newspaper of general circulation for not less than one day.

(b) To be approved, the provisions and procedures established by a local government under section 212 of the act must provide, inter alia, that no amendment shall be effective until the board finds that the provisions and procedures, as amended, are substantially equivalent to the provisions and procedures set forth in the act and these rules.

4 CRR-NY 203.7 Local regulations {#sec-4-crr-ny-203.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 203.7}

Upon approval of the provisions and procedures established by a local government under section 212 of the act, the local agency shall perform the duties set forth in the local equivalent of sections 209 and 210.3 of the act. Within 45 days from the date of such approval, the local agency must adopt rules of procedure substantially equivalent to Part 201 of this Title. Within such 45 days, it must also adopt rules of procedure substantially equivalent to Part 206 of this Chapter which shall be applicable if no proceeding is instituted under section 751.2 of the Judiciary Law to punish an employee organization which violates section 210.1 of the act.

4 CRR-NY 203.8 Procedures for the review of implementation of local government procedures under section 212 of the act {#sec-4-crr-ny-203.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 203.8}

(a) The fact that a local government has not adopted rules and regulations within 45 days after the board has determined that its provisions and procedures are substantially equivalent to the provisions and procedures set forth in the act and this Chapter shall be prima facie evidence that the local government has not implemented its provisions and procedures in a manner substantially equivalent to the provisions and procedures set forth in the act and this Chapter.

(b) Petitions: filing.

A petition to review the question of whether provisions and procedures of a local government are being implemented in a manner substantially equivalent to the provisions and procedures set forth in the act and this Chapter (hereinafter called a petition for review) may be filed by any person. Petitions under this section shall be in writing and signed. An original and four copies of the petition shall be filed with the board. Should the chairperson authorize electronic filing of such petitions, 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. Petition forms will be supplied by the board upon request and will be available on the agency’s website. The petition may be withdrawn only with the consent of the board. Whenever the board approves withdrawal of any petition, the case shall be closed.

A petition for review may be filed within 60 days after the act or inaction complained of occurred or failed to occur.

(d) Contents of petitions for review.

A petition for review shall contain the following:

(1) The name, affiliation, if any, and address of petitioner.

(2) The name of the local government involved.

(3) The names and addresses of any employee organizations which have been certified or recognized to represent any public employees under the local government provisions and procedures.

(4) The names and addresses of any other employee organizations which claim to represent any public employees under the jurisdiction of the local government involved.

(5) A clear and concise statement of the grounds for alleging that the local government provisions and procedures, as implemented, are not substantially equivalent to the provisions and procedures set forth in the act and this Chapter.

(e) Notice of pending petitions.

Upon the filing of a petition under this section, notice thereof, including the date when such petition was filed and the name and address of petitioner and the local government involved, shall be posted by an agent of the board on the public docket maintained by the board at its principal office.

(f) Investigation and hearing.

(1) The board shall direct an investigation of any questions raised by the petition. In conducting such an investigation, the board or its agent may require affirmations or direct a hearing. Any affirmation shall contain the language set forth in section 200.14 of this Title. If a hearing is directed, the board or its agent shall prepare and cause to be served upon petitioner and all other parties a notice of hearing before the board or an administrative law judge at a time and place fixed therein. Any hearing will be conducted in accordance with the procedures set forth in Part 212 of this Title.

(g) Determination by the board.

After receipt of a report and recommendations from its agent and of the record of proceedings of any hearing which may have been held, or upon the completion of its own investigation, and upon such exceptions as may have been filed pursuant to Part 213 of this Title, the board shall decide the issues and make such disposition of the matter as it deems appropriate.

Part 204 IMPROPER PRACTICES

4 CRR-NY 204.1 Charge {#sec-4-crr-ny-204.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.1}

(a) Filing of charge.

(1) An original and four copies of a charge that any public employer or its agents, or any employee organization or its agents, has engaged in, or is engaging in, an improper practice may be filed with the director by one or more public employees or any employee organization acting in their behalf, or by a public employer, within four months of when the charging party first knew, or reasonably should have known, of the alleged improper practice. Should the chairperson authorize electronic filing of such charge, 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.

(2) If the facts constituting the alleged improper practice are also alleged to support a claim by an employee organization that a public employer or its representatives engaged in such acts of extreme provocation as to detract from the responsibility of the employee organization for a strike, then the charge may not be filed after the date on which the employee organization is required to file its answer to the strike charge pursuant to section 206.5 of this Chapter.

(3) The charge shall be in writing on a form prescribed by the board and shall be signed and shall contain a signed affirmation stating, “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.”

(b) Contents of charge.

The charge shall include the following:

(1) the name, address and affiliation, if any, of the charging party, and the title of any representative filing the charge;

(2) the name and address of the respondent or respondents and any other party named therein;

(3) a clear and concise statement, preferably in numbered or lettered paragraphs, of the facts constituting the alleged improper practice, including the names, and, where known or relevant, the titles and work locations of the individuals involved in the alleged improper practice; the date and the place of the occurrence of each particular act alleged; and the subsections of section 209-a of the act alleged to have been violated. Evidentiary exhibits may be attached but will not relieve the charging party of the requirement to provide sufficient factual particulars as set forth herein;

(4) if the charge alleges a violation of section 209-a.1(d) or section 209-a.2(b) of the act, whether the charging party has notified the board in writing of the existence of an impasse pursuant to section 205.1 of this Chapter; and

(5) a statement that the charging party is available to participate in the prehearing conference and the formal hearing immediately.

Where the primary basis of the dispute between the parties is alleged to be a disagreement as to the scope of negotiations under the act, either party may request of the director or an assigned administrative law judge that the matter be accorded expedited treatment.

(d) Amendments.

The director or administrative law judge designated by the director may permit a charging party to amend the charge upon good cause shown before, during or after the conclusion of the hearing upon such terms as may be deemed just and consistent with due process.

(e) Withdrawals.

A charge may be withdrawn by the charging party before issuance of a decision and recommended order based thereon upon approval by the director. Thereafter, a charge may be withdrawn only with the approval of the board. Requests to the director to withdraw a charge or to the board to withdraw a charge will be approved unless to do so would be inconsistent with the purposes and policies of the act or due process of law. Whenever the director approves the withdrawal of a charge, or the board approves the withdrawal of the charge, the case will be closed without consideration or review of any of the issues raised by the charge.

4 CRR-NY 204.2 Initial processing by director {#sec-4-crr-ny-204.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.2}

(a) Initial review.

(1) After a charge is filed, the director shall conduct a review of the charge to determine whether the facts as alleged may constitute an improper practice as set forth in section 209-a of the act. If the director determines that the facts as alleged do not, as a matter of law, constitute a violation, or that the charge as pleaded is not timely, the director may dismiss it subject to review by the board under Part 213 of this Chapter; alternatively, the director may permit the party to amend the charge to cure such deficiency in the charge. If the deficiency is not cured, the director may dismiss the charge or deem the charge, or any part thereof, withdrawn.

(2) Notice of conference. Except where subdivision (b) of this section is applicable, a notice of conference pursuant to Part 212 of this Chapter shall be prepared by the director or a designated administrative law judge specifying the time and place for the conference and, together with a copy of the charge, shall be delivered to the charging party and each named respondent.

(b) Scope of negotiations cases.

If, upon review of the charge, the director determines that it involves primarily a dispute between the parties as to the scope of negotiations under the act, the director or an assigned administrative law judge shall forthwith schedule a conference for the purpose of inquiring further into the matter. Such an administrative determination is a ministerial act and will not be reviewed by the board.

4 CRR-NY 204.3 Answer {#sec-4-crr-ny-204.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.3}

(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 shall contain a signed affirmation stating, “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.”

(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.

(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.

(d) Motion for particularization of the answer.

If the charging party believes that the statement of facts supporting any affirmative defense is so vague and indefinite that such charging party cannot reasonably be expected to address them in an expeditious manner at a hearing, such charging party may, within 10 working days after receipt of the answer, file with the administrative law judge in the same manner applicable to the filing of the charge a motion for an order directing the respondent to file a verified statement supplying specified information. The respondent may 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 failure of a party to timely comply with an order of particularization may, in the discretion of the administrative law judge, constitute grounds for precluding the respondent from offering any evidence as to the matters dealt with by the order.

(e) Amendment.

The administrative law judge may permit the respondent to amend the answer upon good cause shown at any time before or during the hearing, or at any time prior to the issuance of the administrative law judge's decision and recommended order, upon such terms as may be deemed just, consistent with due process.

(f) Admission by failure to answer.

If the respondent fails to file a timely answer, the administrative law judge may deem such failure to constitute an admission of the material facts alleged in the charge and a waiver by the respondent of a hearing.

(g) A public employer which is made a party to an improper practice charge pursuant to section 209-a.3 of the act may file responsive pleadings in accordance with subdivisions (a)-(e) of this section. The administrative law judge may deem the public employer's failure to file any responsive pleading to constitute a waiver of the public employer's right to participate in any hearing held on the allegations of impropriety set forth in the charge.

4 CRR-NY 204.4 Expedited determinations {#sec-4-crr-ny-204.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.4}

(a) Immediately after the conference referred to in section 212.2 of this Title, and if one or more of the parties has made a request that a dispute involving primarily a disagreement as to the scope of negotiations under the act be processed expeditiously, or if the director shall deem it appropriate to do so, the director shall so notify the board and transmit the papers to the board. The board shall then inform the parties as to whether it will accord expedited treatment to the matter. If the board determines that the matter will be expedited, it will also notify the respondent of the due date for its answer, and the parties of the due date for briefs. The board may also direct that oral argument be held before it, or that a hearing be held before the full board, one of its members, or an administrative law judge. If the board determines that expedited treatment will not be accorded, the matter will be handled in accordance with sections 204.2(b) and 204.3 of this Part and Parts 212 and 213 of this Title.

(b) At the request of any party, or if the director shall deem it appropriate to do so, the director shall, within a reasonable period of time after a conference, make a preliminary determination whether a dispute presents an issue or issues of law relating to the scope of any duty of fair representation allegedly owed by an employee organization to a non-member, or to any member seeking to terminate membership in an employee organization, or related question. After such preliminary determination, the director shall, upon determining that the matter warrants expedited treatment, so notify the board and transmit the papers to the board. A determination by the director that the matter does not warrant expedited treatment shall not be subject to review by the board pursuant to Part 213 of this Title. If the board determines that expedited treatment of the matter is warranted, it will so inform the parties. The board will notify the parties of the due date for briefs, and may also direct that oral argument be held before it, or that a hearing be held before the full board, one of its members, or an administrative law judge. If the board determines that expedited treatment will not be accorded, the matter will be remanded and processed in accordance with sections 204.2(b) and 204.3 of this Part and Parts 212 and 213 of this Title.

(1) Any objections to the conduct of a hearing, including objections to the introduction of evidence, may be oral or written, must be accompanied by a short statement of the grounds for such objection, and shall be included in the record.

(2) There shall be no intermediate report from a board member or an administrative law judge who may be assigned to hold the hearing. Upon the completion of the hearing, such board member or administrative law judge shall transmit the record to the full board for a determination without making any recommendations.

4 CRR-NY 204.5 Hearing procedures {#sec-4-crr-ny-204.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.5}

Hearings will be conducted in accordance with the procedures set forth in Part 212 of this Title.

4 CRR-NY 204.6 Decision and recommended order by administrative law judge {#sec-4-crr-ny-204.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.6}

Upon closure of the record before an administrative law judge designated by the director, the administrative law judge shall issue a decision and recommended order and submit the record of the case to the board.

4 CRR-NY 204.7 Application for injunctive relief {#sec-4-crr-ny-204.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.7}

(a) Filing of application.

A party filing an improper practice charge pursuant to Part 204 of this Chapter may apply to the board for injunctive relief pursuant to section 209-a.4 of the act by filing with the office of counsel at the board's Albany office either by electronic mail, or by filing an original and two copies of a signed application for injunctive relief. An application filed by mail or overnight delivery service shall be filed in an envelope or container prominently bearing the legend "INJUNCTIVE RELIEF APPLICATION" in capital letters on its front. An application that is filed by electronic mail at an address designated by the board for such purpose and published on the agency’s website shall state in the subject line “APPLICATION FOR INJUNCTIVE RELIEF.”

(b) Application form.

The application shall be filed on a form prescribed by the board which shall give notice of the right to respond pursuant to section 204.8 of this Part. The application form shall include the following:

(1) the name, address, telephone number, electronic mail address, fax number, and affiliation, if any, of the charging party;

(2) the name, title, address, telephone number, electronic mail address, and fax number of any representative filing the application on behalf of the charging party;

(3) the name, title, address, telephone number, electronic mail address, and fax number of any attorney or other representative who will represent the charging party during the processing of the application, if different from the representative named in response to paragraph (2) of this subdivision;

(4) the name, address, electronic mail address if known, and telephone number of any public employer or employee organization named as a party to the improper practice charge;

(5) the date when the improper practice charge was filed; and

(6) the case number of the improper practice charge, if available.

The charging party shall attach to the application form the following documents:

(1) a copy of the improper practice charge;

(2) an affirmation or affirmations stating, in a clear and concise manner:

(i) those facts personally known to the deponent that constitute the alleged improper practice, the date of the alleged improper practice, the alleged injury, loss, or damage arising from it, and the date when the alleged injury, loss, or damage occurred or will occur; and

(ii) why the alleged injury, loss, or damage is immediate, irreparable, and will render a resulting judgement on the merits of the improper practice charge ineffectual if injunctive relief is not granted by the court, and why there is a need to maintain or return to the status quo in order for the board to provide meaningful relief. Such affirmations shall be signed and shall state “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.” If filed electronically, the affirmation or affirmations shall be in searchable format and shall not be scanned copies of the original documents;

(3) copies of any documentary evidence in support of the application;

(4) proof that a copy of the completed application for injunctive relief and all supporting documents was delivered to the respondent’s chief legal officer in an envelope bearing the legend “ATTENTION: CHIEF LEGAL OFFICER” in capital letters on its front, and the method and date that such delivery was made, and proof of service on all other parties to the charge. If delivery to the respondent’s chief legal officer is not by electronic mail or personal service, proof of delivery must establish when the respondent’s chief legal officer actually received the completed application and all supporting documents. Delivery by facsimile or by electronic mail will not be accepted, unless the charging party provides a written acknowledgment from the respondent’s chief legal officer that such officer accepts delivery by that means, and when such officer received the completed application and all supporting documents; and

(5) charging party may file, at its option, a memorandum of law in support of the application for injunctive relief. If filed electronically, the application for injunctive relief shall be in searchable format and shall not be scanned copies of the original documents.

4 CRR-NY 204.8 Response to application for injunctive relief {#sec-4-crr-ny-204.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.8}

(a) Filing of response.

A party to whom an application for injunctive relief is delivered pursuant to section 204.7 of this Part may file with the office of counsel an original and two copies of a response to the application, with proof of service of a copy of the response on all parties within five days after the application was actually delivered. Alternatively, an original and one copy of a response with proof of service on all parties, may be filed with the office of counsel by either electronic mail at an electronic mail address designated by the board for that purpose, or by fax at a fax number designated by the board for that purpose within five days after delivery of the application. If the response is filed by fax, the responding party shall mail or deliver an original and two copies of the response to the office of counsel by the next working day. Unless otherwise authorized by the office of counsel, copies of the response shall be served on all other parties in the same manner in which the application is filed with the office of counsel. The response shall be signed and shall contain a signed affirmation stating, “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.” The response shall be deemed filed when received by the office of counsel.

(b) Contents of response.

(1) The response, if any, shall assert any defense that the responding party, at the time of filing, believes it could rightfully assert in an answer or responsive pleading to the improper practice charge, including any affirmative defenses pursuant to section 204.3(c)(2) of this Part. The response shall not constitute an answer or responsive pleading to the improper practice charge pursuant to section 204.3 of this Part, and asserting or not asserting any affirmative defense or other defense in the response shall not prejudice any party with regard to defenses or affirmative defenses that party may plead or not plead in an answer or responsive pleading filed pursuant to that section.

(2) Any affirmation submitted in support of the response shall be made on the basis of personal knowledge of the relevant facts and documentary evidence attached to the affidavit. Such affirmation shall be signed and shall state “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.” If filed electronically, the affirmation or affirmations shall be in searchable format and shall not be scanned copies of the original documents.

(3) The response may be accompanied by a memorandum of law in opposition to the application for injunctive relief. If filed electronically, the memorandum of law shall be in searchable format and shall not be scanned copies of the original documents.

Upon presentation of clear evidence of a compelling need for determination of an application for injunctive relief in fewer than 10 days from its receipt by the board, and upon a determination by the office of counsel that such compelling need exists, the office of counsel may direct that a response, if any, be filed within a specified time earlier than otherwise required by this section.

4 CRR-NY 204.9 Review of application for injunctive relief {#sec-4-crr-ny-204.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.9}

Within 10 days after receipt by the office of counsel of a completed application for injunctive relief, the board, by its office of counsel, shall determine whether a sufficient showing has been made pursuant to section 209-a.4 of the act. If a sufficient showing has been made, the board by its office of counsel, shall petition Supreme Court for injunctive relief upon notice to all parties or shall issue an order, with notice to all parties, permitting the charging party to seek injunctive relief by petition to Supreme Court. Where a sufficient showing has not been made, notice of that determination, stating the reasons for it, shall be issued by the board by its office of counsel to all parties within 10 days after receipt of the application by the board. Orders permitting the charging party to seek injunctive relief by petition to Supreme Court and notices to the parties that a sufficient showing has not been made may be issued by fax or electronic mail.

4 CRR-NY 204.10 Expedited treatment where injunctive relief imposed {#sec-4-crr-ny-204.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.10}

Notwithstanding the time limits stated in sections 204.2 and 204.3 of this Part, when injunctive relief is imposed by a court pursuant to section 209-a.4 of the act, after affording the parties an opportunity for consultation, the administrative law judge assigned to the proceeding shall issue a scheduling order or orders setting the dates and times for service and filing of answers, responsive pleadings, motions, responses, briefs, and proposed findings of fact and conclusions of law, and for conduct of a pre-hearing conference and hearing. Unless the parties mutually agree to waive the time limit for conducting the hearing and issuing a decision pursuant to section 209-a.4(d) of the act, scheduling orders shall be fashioned in such a manner as to permit the administrative law judge to issue a decision on the improper practice charge within 60 days after the imposition of injunctive relief in accordance with section 209-a.4(d) of the act.

4 CRR-NY 204.11 [Repealed] {#sec-4-crr-ny-204.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.11}

4 CRR-NY 204.12 [Repealed] {#sec-4-crr-ny-204.12 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.12}

4 CRR-NY 204.13 [Repealed] {#sec-4-crr-ny-204.13 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.13}

4 CRR-NY 204.14 [Repealed] {#sec-4-crr-ny-204.14 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.14}

4 CRR-NY 204.15 [Repealed] {#sec-4-crr-ny-204.15 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.15}

4 CRR-NY 204.16 [Repealed] {#sec-4-crr-ny-204.16 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.16}

4 CRR-NY 204.17 [Repealed] {#sec-4-crr-ny-204.17 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.17}

4 CRR-NY 204.18 [Repealed] {#sec-4-crr-ny-204.18 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 204.18}

Part 205 CONCILIATION

4 CRR-NY 205.1 Impasses {#sec-4-crr-ny-205.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.1}

(a) Filing of declaration of impasse.

In the event that a public employer and a certified or recognized employee organization have failed to achieve an agreement, either the public employer or the employee organization may notify the board in writing of the existence of an impasse by filing a declaration of impasse. An original and one copy of the declaration shall be filed with the director of conciliation, and another shall be served upon all other parties to the negotiations. Such declaration shall specify:

(1) the name, affiliation, if any, and address, telephone number, fax number, and electronic mail address, if any, of the person issuing the declaration;

(2) the name or names and address(es), telephone number, fax number, and electronic mail address, if known, of the other parties to the collective negotiations;

(3) a statement that the employee organization involved is either certified or recognized;

(4) the number of employees in the negotiating unit, together with a list of the job titles represented in that unit;

(5) the public employer's fiscal year and the expiration date of the present agreement;

(6) a clear and concise history of negotiations leading to the impasse, including the number and dates of the negotiation sessions;

(7) a list of all presently unresolved issues;

(8) a statement that a copy of the declaration has been served upon the other parties to the collective negotiations;

(9) a statement that the individual filing the declaration has authority to do so on behalf of the filing party; and

(10) a clear and concise statement of any other relevant facts.

(b) Assignment of mediator.

Upon receipt of the declaration of impasse, the director of conciliation shall determine its sufficiency, and thereafter may appoint a mediator from a list of qualified persons maintained by the board to assist the parties to effect a voluntary resolution of the impasse. Nothing herein shall preclude an impasse from being deemed to exist on motion of the director of conciliation or the board.

Except for those disputes that are eligible for compulsory public interest arbitration pursuant to sections 209.4 or 209.5 of the act, should the mediation process not achieve an agreement, either party to the negotiations may file with the director of conciliation an original and one copy of a request for appointment of a fact finder. The request for fact-finding shall specify:

(1) the name, affiliation, if any, address, telephone number, fax number and electronic mail address if any, of the person issuing the request;

(2) the name(s), address(es), telephone number(s), fax number(s) and electronic mail address(es) if known, of the other party(ies) to the collective negotiations;

(3) the name of the mediator and the number and dates of mediation sessions;

(4) a list of all presently unresolved issues;

(5) a statement that a copy of the request has been served upon the other party(ies) to the collective negotiations; and

(6) a clear and concise statement of any other relevant facts.

Upon receipt of the request for fact-finding, the director of conciliation shall determine its sufficiency, and thereafter may make an assignment from a list of qualified persons maintained by the board to assist the parties to effect a voluntary resolution of the impasse. Nothing herein shall preclude fact-finding from being deemed appropriate on motion of the director of conciliation or the board.

4 CRR-NY 205.2 Voluntary interest arbitration {#sec-4-crr-ny-205.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.2}

(a) In the event that a public employer and a certified or recognized employee organization agree to submit any unresolved issue in negotiations to arbitration, they may request the assistance of the board in providing for such arbitration by a letter directed to the director of conciliation.

(b) The written request may be initiated by either party and shall be accompanied by a copy of the submission.

(c) An arbitrator shall be designated pursuant to the selection process established by the director of conciliation, which process will give the parties an opportunity to participate in the selection of the arbitrator.

4 CRR-NY 205.3 Compulsory interest arbitration pursuant to section 209.4 of the act {#sec-4-crr-ny-205.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.3}

The following relates to impasses in collective negotiations between a public employer and a recognized or certified employee organization as to the conditions of employment of employees covered by the provisions of section 209.4 of the act.

4 CRR-NY 205.4 Compulsory interest arbitration; petition {#sec-4-crr-ny-205.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.4}

(a) Filing.

An original and three copies of a petition requesting the director of conciliation to refer an impasse to a public arbitration panel may be filed by an employee organization or public employer after 15 days have elapsed following appointment of a mediator to such impasse by the director of conciliation. A copy of the petition shall also be served upon the other party to the impasse simultaneously. Should the chairperson authorize electronic filing of the petition, 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.

Such petition shall contain the following:

(1) The name and address of the public employer and the employee organization involved in the impasse.

(2) The name, title, address, telephone number, fax number and electronic mail address, if known, of the representative of each party to whom correspondence shall be directed.

(3) A statement of each of the terms and conditions of employment raised during negotiations, as follows:

(i) terms and conditions of employment that have been agreed upon; and

(ii) petitioner's position regarding terms and conditions of employment not agreed upon.

Proposed contract language presented during negotiations must be attached.

(4) The name of the mediator and the number and dates of mediation sessions held.

(5) The name, address, telephone number, fax number and electronic mail address if any, of the individual that the petitioner is appointing to the public arbitration panel, and the same information for the individual who will be representing the petitioner before the public arbitration panel.

(6) Proof of service upon the respondent party.

4 CRR-NY 205.5 Compulsory interest arbitration; response and cross-response {#sec-4-crr-ny-205.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.5}

(a) Response.

A response shall be filed in the same manner as was the petition within 10 working days of receipt of the petition requesting arbitration. A copy of the response shall also be served simultaneously upon the petitioning party.

(b) Contents of response.

Such response shall contain respondent's position specifying the terms and conditions of employment that were resolved by agreement, and as to those that were not agreed upon, respondent shall set forth its position. Proposed contract language presented during negotiations shall be included. If the respondent has filed an improper practice charge or a declaratory ruling petition related to compulsory interest arbitration under section 205.6 of this Part, the response shall contain a reference to such charge or petition. The response must include the name, address, telephone number, fax number and electronic mail address if any, of the individual that the respondent is appointing to the public arbitration panel, the same information for the individual who will be representing the respondent in the interest arbitration, and proof of service upon the petitioning party.

A petitioner filing an objection to arbitrability under section 205.6(b) of this Part must file a cross-response notifying the director of conciliation of such filing. Such cross-response shall be filed within 10 working days of receipt of the response.

4 CRR-NY 205.6 Objections to arbitrability {#sec-4-crr-ny-205.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.6}

(a) Objections to arbitrability.

Objections to the arbitrability of any matter set forth in the petition or response may only be raised by the filing of an improper practice charge or a declaratory ruling petition pursuant to the requirements of this section. Objections as to arbitrability may include, but not be limited to, the following circumstances:

(1) a matter proposed is not a mandatory subject of negotiations;

(2) a matter proposed was not the subject of negotiations prior to the petition;

(3) a matter proposed had been resolved by agreement during the course of negotiations.

(b) Improper practice charge.

The proposed arbitration of any matter set forth in the petition or response may be objected to by either party as being violative of section 209-a.1(d) or section 209-a.2(b) of the act by filing an improper practice charge pursuant to section 204.1 of this Chapter. Section 204.1(b)(4) of this Chapter shall not apply. The matter shall be accorded expedited treatment. If filed by the respondent, such a charge may not be filed after the date of the filing of the response filed in accordance with section 205.5 of this Part; if filed by the petitioner, such a charge may not be filed after the date of the filing of the cross-response filed in accordance with section 205.5(c) of this Part. A charge shall state the date when the petition or response was received.

(c) The proposed arbitration of any matter set forth in the petition or response may be objected to by either party as not being within the scope of mandatory negotiations by filing a declaratory ruling petition pursuant to Part 210 of this Chapter. If filed by the respondent, such a petition may not be filed after the date of the filing of the response filed in accordance with section 205.5 of this Part; if filed by the petitioner, such a petition may not be filed more than 10 working days after its receipt of the response.

(d) The public arbitration panel shall not make any award on issues, the arbitrability of which is the subject of an improper practice charge or a declaratory ruling petition, until final determination thereof by the board or withdrawal of such charge or petition; the panel may make an award on other issues.

4 CRR-NY 205.7 Selection of compulsory interest arbitration panel {#sec-4-crr-ny-205.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.7}

(a) Within 10 days after receipt of the petition by the board, each party shall appoint its member to the arbitration panel and the two parties will jointly appoint the public member. The parties will immediately notify the director of conciliation of the identity of the three members of the panel selected by the parties. The director of conciliation shall forthwith designate such public arbitration panel and refer the dispute to such panel.

(b) If the parties are unable to agree upon the public member within 10 days of receipt of the petition, either party may request the board to submit a list of qualified persons for selection of the public member. Within seven days after receipt of such request, the director of conciliation shall submit to each party an identical list of nine arbitrators from its panel of arbitrators. A resume and billing disclosure statement of each arbitrator on such list shall be enclosed for the parties' review.

Within 10 working days after receipt of the list, the parties will notify the director of conciliation of the identity of a qualified public member they have mutually agreed upon, or, if unable to agree, shall be required to meet and make their selection in the following manner: Each party shall alternately strike from the list one of the names with the order of striking determined by lot until one person remains, who shall be designated as the public member. If either party so desires, a representative of the board will be present during the name- striking process. The name-striking process must be completed within five days of receipt of the list from the director of conciliation. The director of conciliation must be immediately notified of the person selected as the public member. Upon the failure of one party to participate in the selection process, all names on the list shall be deemed acceptable to it, and the other party will be entitled to have its selection designated as the public member.

(d) Designation.

Upon notification of the identity of the public member of the panel, the director of conciliation shall immediately designate such public member, along with the individuals named by the parties in sections 205.4(b)(5) and 205.5(b) of this Part, as the public arbitration panel and refer the dispute to such panel.

4 CRR-NY 205.8 Conduct of the arbitration proceeding {#sec-4-crr-ny-205.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.8}

The conduct of the arbitration proceedings shall be under the exclusive jurisdiction and control of the arbitration panel. The conduct of the arbitration panel shall conform to applicable law.

4 CRR-NY 205.9 Determination and award {#sec-4-crr-ny-205.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.9}

The determination and award of the arbitration panel shall be in writing, signed and acknowledged by each member of the arbitration panel, and shall be delivered to the parties either personally or by registered or certified mail, return receipt requested. Within five working days of rendering the determination and award, the arbitration panel shall file two copies of the determination and award with the director of conciliation.

4 CRR-NY 205.10 Compulsory interest arbitration pursuant to section 209.5 of the act {#sec-4-crr-ny-205.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.10}

Sections 205.11 through 205.20 of this Part relate to impasses in collective negotiations between the New York City Transit Authority and Metropolitan Transportation Authority and their subsidiaries and recognized or certified employee organizations covered by the provisions of section 209.5 of the act.

4 CRR-NY 205.11 Joint petition {#sec-4-crr-ny-205.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.11}

(a) In the event the covered parties have failed to achieve an agreement, they may jointly request the director of conciliation to refer their dispute to a public arbitration panel by filing a joint petition. In such event, the provisions of sections 205.12 through 205.17 of this Part shall not apply.

(b) Such joint petition shall contain the following:

(1) the name and address of the public employer and the employee organization involved in the impasse;

(2) the name, title, address, telephone number, fax number and electronic mail address if any, of the representative of each party to whom correspondence shall be directed;

(3) a statement that the parties jointly request arbitration of their dispute and have agreed as to which issues should be submitted to the arbitration panel;

(4) specification of the issues which the parties have agreed to submit to the arbitration panel; and

(5) the names, addresses, telephone numbers, fax numbers and electronic mail addresses, if any, of the individuals that the parties are appointing to the public arbitration panel as their respective members, and the same information for the individuals who will be representing the parties before the public arbitration panel.

4 CRR-NY 205.12 Notification of impasse {#sec-4-crr-ny-205.12 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.12}

In the event the covered parties have failed to achieve an agreement, either party may notify the director of conciliation of the existence of an impasse. Such notice shall be filed with the director of conciliation in accordance with the provisions of section 205.1 of this Part.

4 CRR-NY 205.13 Assignment of mediator {#sec-4-crr-ny-205.13 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.13}

Upon receipt of the notification of impasse, the director of conciliation shall appoint a mediator from a list of qualified persons maintained by the board to assist the parties to effect a voluntary resolution of their collective negotiations.

4 CRR-NY 205.14 Petition {#sec-4-crr-ny-205.14 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.14}

(a) Either party to the impasse may file an original and three copies of a petition requesting the director of conciliation to refer their dispute to a public arbitration panel after 15 days have elapsed following appointment by the director of conciliation of a mediator to such dispute. Should the chairperson authorize electronic filing of the petition, 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) Such petition shall contain the following:

(1) the name and address of the public employer and the employee organization involved in the impasse;

(2) the name, title, address, telephone number, fax numbers and electronic mail addresses, if known, of the representative of each party to whom correspondence shall be directed;

(3) the name of the mediator and the number and dates of all mediation sessions held;

(4) a statement that a voluntary resolution of the contract negotiations between the parties cannot be effected;

(5) the name, address, telephone number, fax number and electronic mail address, if any, of the individual that the petitioner is appointing to the public arbitration panel, and the same information for the individual who will be representing the petitioner before the public arbitration panel; and

(6) a statement of each of the terms and conditions of employment raised in the negotiations, as follows:

(i) terms and conditions of employment that have been agreed upon; and

(ii) petitioner's position regarding terms and conditions of employment not agreed upon. Proposed contract language presented during negotiations must be attached; and

(7) proof of service upon respondent.

4 CRR-NY 205.15 Board certification {#sec-4-crr-ny-205.15 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.15}

(a) Upon receipt of the petition requesting arbitration, the director of conciliation may conduct or cause to be conducted an investigation to ascertain if a voluntary resolution of the contract negotiations between the parties cannot be effected. In the course of such investigation, the director of conciliation may direct the parties to conduct further negotiations, with or without mediation. In such event, no new petition requesting arbitration need be filed.

(b) If the director of conciliation concludes that a voluntary resolution of the contract negotiations between the parties cannot be effected, the director of conciliation shall convey such conclusion to the board, together with a recommendation that the dispute be referred to a public arbitration panel. The parties shall be notified, in writing, of the recommendation of the director of conciliation. The respondent shall have an opportunity to object to the recommendation, in writing, within three days after receipt of the notice of the recommendation.

(c) If the board so determines, it shall certify that a voluntary resolution of the contract negotiations between the parties cannot be effected and shall refer the dispute to the designated public arbitration panel, subject, however, to the conditions set forth in section 205.17(d) of this Part. In reaching its determination, the board may conduct or direct such additional investigation, including hearings, as it deems advisable and proper, and may direct the parties to conduct further negotiations, with or without mediation.

4 CRR-NY 205.16 Response and cross-response {#sec-4-crr-ny-205.16 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.16}

(a) Response.

An original and three copies of a response shall be filed within 10 working days after receipt of the petition requesting arbitration. A copy of the response shall be simultaneously served, by the same means as the petition was served, on the petitioning party.

(b) Contents of response.

Such response shall contain respondent's position specifying the terms and conditions of employment that were resolved by agreement, and as to those that were not agreed upon, respondent shall set forth its position. Proposed contract language presented during negotiations shall be included. If the respondent has filed an improper practice charge or a declaratory ruling petition relating to the petition for interest arbitration, the response shall contain a reference to such charge or petition. The response must include the name, address, telephone number, fax number and electronic mail address if any, of the individual that the respondent is appointing to the public arbitration panel, the same information for the individual who will be representing the respondent in the interest arbitration, and proof of service upon the petitioning party.

A petitioner filing an objection to arbitrability under section 205.17(b) of this Part must file a cross-response notifying the director of conciliation of such filing. Such cross-response shall be filed within 10 working days of receipt of the response.

4 CRR-NY 205.17 Objections to arbitrability {#sec-4-crr-ny-205.17 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.17}

(a) Objections to the arbitrability of any matter set forth in the petition or response may only be raised by the filing of an improper practice charge or a declaratory ruling petition pursuant to the requirements of this section. Objections as to arbitrability may include, but not be limited to, the following circumstances:

(1) a matter proposed is not a mandatory subject of negotiations;

(2) a matter proposed was not the subject of negotiations prior to the petition; or

(3) a matter proposed has been resolved by agreement during the course of negotiations.

(b) Improper practice charge.

The proposed arbitration of any matter set forth in the petition or response may be objected to by either party as being violative of section 209-a.1(d) or section 209-a.2(b) of the act by filing an improper practice charge pursuant to section 204.1 of this Chapter. Section 204.1(b)(4) of this Chapter shall not apply. The matter shall be accorded expedited treatment. If filed by the respondent, such a charge may not be filed after the date of the filing of the response filed in accordance with section 205.16 of this Part; if filed by the petitioner, such a charge may not be filed after the date of the filing of the cross-response filed in accordance with section 205.5(c) of this Part. A charge shall state the date when the petition or response was received.

The proposed arbitration of any matter set forth in the petition or response may be objected to by either party as not being within the scope of mandatory negotiations by filing a declaratory ruling petition pursuant to Part 210 of this Chapter. If filed by the respondent, such a petition may not be filed after the date of the filing of the response filed in accordance with section 205.16 of this Part; if filed by the petitioner, such a petition may not be filed after the date of the filing of the cross-response filed in accordance with section 205.5(c) of this Part.

4 CRR-NY 205.18 Selection of interest arbitration panel {#sec-4-crr-ny-205.18 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.18}

(a) Within 10 days after receipt of the petition by the board, each party shall appoint its member to the arbitration panel and the two parties shall jointly appoint the public member. The parties shall immediately notify the board of the identity of the three members of the panel selected by the parties. If a joint petition was filed pursuant to section 205.11 of this Part, the director of conciliation shall forthwith designate such arbitration panel and shall refer the dispute to such panel. If a petition was filed pursuant to section 205.14 of this Part, the director of conciliation shall forthwith designate such arbitration panel and shall refer the dispute to such panel upon the board's certification that a voluntary resolution of the contract negotiations between the parties cannot be effected.

(b) If the parties are unable to agree upon the public member within 10 days, either party may request the director of conciliation to submit a list of qualified persons for selection of the public member. Within seven days after receipt of such request, the director of conciliation shall submit to each party an identical list of nine arbitrators from its panel of arbitrators. A resume and billing disclosure statement of each arbitrator on such list shall be enclosed for the parties' review.

Within 10 working days after receipt of the list, the parties will notify the director of conciliation of the identity of a qualified public member they have mutually agreed upon, or, if unable to agree, shall be required to meet and make their selection in the following manner: Each party shall alternately strike from the list one of the names with the order of striking determined by lot until one person remains, who shall be designated as the public member. If either party so desires, a respesentative of the board will be present during the name- striking process. The name-striking process must be completed within five days of receipt of the list from the director of conciliation. The parties shall immediately notify the director of conciliation of the identity of the person selected as the public member. Upon the failure of one party to participate in the selection process, all names on the list shall be deemed acceptable to it and the other party will be entitled to have its selection designated as the public member.

(d) Designation.

If a joint petition was filed pursuant to section 205.11 of this Part, upon notification of the identity of the public member of the panel, the director of conciliation shall forthwith designate such public member, along with the individuals named by the parties in section 205.11(b)(5) of this Part, as the public arbitration panel and shall refer the dispute to such panel. If a petition was filed pursuant to section 205.14 of this Part, upon notification of the identity of the public member of the panel, the director of conciliation shall forthwith designate such public member, along with the individuals named by the parties in sections 205.14(b)(5) and 205.16(b) of this Part, as the public arbitration panel and shall refer the dispute to such panel upon the board's certification that a voluntary resolution of the contract negotiations between the parties cannot be effected.

4 CRR-NY 205.19 Conduct of the arbitration proceeding {#sec-4-crr-ny-205.19 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.19}

The conduct of the arbitration proceedings shall be under the exclusive jurisdiction and control of the arbitration panel. The conduct of the arbitration panel shall conform to applicable law.

4 CRR-NY 205.20 Determination and award {#sec-4-crr-ny-205.20 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 205.20}

The determination and award of the arbitration panel shall be in writing, signed and acknowledged by each member of the arbitration panel and shall be delivered to the parties either personally or by registered or certified mail, return receipt requested. Within five working days of rendering the determination and award, the arbitration panel shall file two copies of the determination and award with the director of conciliation.

Part 206 STRIKES AGAINST PUBLIC EMPLOYERS

4 CRR-NY 206.1 Scope {#sec-4-crr-ny-206.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 206.1}

The following relates to all public employment except by a government that has adopted procedures by local law, ordinance or resolution pursuant to section 212 of the act and with respect to which there is in effect a determination that such provisions and procedures are substantially equivalent to the provisions and procedures set forth in the act and in pertinent rules with respect to the State.

4 CRR-NY 206.2 Filing of charge {#sec-4-crr-ny-206.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 206.2}

(a) A charge that any employee organization or agent thereof is engaging in, causing, instigating, encouraging or condoning a strike may be made by the chief legal officer of the government involved or the counsel upon his or her own motion. Such a charge shall be in writing and signed. An original and four copies of the charge, with proof of service upon the employee organization-respondent, shall be filed with the board, and, if the charging party is the counsel, counsel shall simultaneously serve a copy of the charge on the chief legal officer of the government involved. Charge forms will be supplied by the counsel upon request, and/or will be available on the agency’s website. Should the chairperson authorize electronic filing of the charge, the filing of a signed paper original consistent with this section and electronic filing and service of a copy to an address specified by the agency on its website shall constitute compliance with the filing and service requirements herein contained.

(b) The chief legal officer of a government involved or counsel may intervene as a party in any proceeding initiated by the other pursuant to section 212.1 of this Chapter.

4 CRR-NY 206.3 Contents of the charge {#sec-4-crr-ny-206.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 206.3}

A charge shall contain the following:

(a) the full name and address of the party making the charge;

(b) the name of the employee organization against whom the charge is made; and

4 CRR-NY 206.4 Notice of hearing {#sec-4-crr-ny-206.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 206.4}

After receipt of a charge filed by the chief legal officer of a government involved or the counsel, the board shall issue to the parties a notice setting forth the time and place of the hearing, which time shall be not less than eight working days after the receipt of the notice.

4 CRR-NY 206.5 Answer {#sec-4-crr-ny-206.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 206.5}

(a) The employee organization against whom the charge is issued shall file in the same manner as the petition an answer, with proof of service of a copy on all other parties, by such means as the petition was served, within eight days after receipt of a copy of the charge.

(b) The answer shall be in writing and signed.

(c) The answer shall contain a specific denial of each allegation of the charge contravened by the public employee organization, or of any knowledge or information thereof sufficient to form a belief. An allegation of the charge not specifically denied in the answer, unless the party affirms that it is without knowledge or information thereof sufficient to form a belief, shall be deemed admitted and may be so found by the board. The answer shall also contain a statement of the facts constituting the grounds of defense. Allegation of any facts in the answer shall be deemed denied without the necessity of a reply.

(d) If the party against whom the charge is issued fails to file an answer within the time or in compliance with the manner herein provided, such failure shall constitute an admission of the material facts alleged in the charge and an admission that the party violated subdivision (1) of section 210 of the act. Such failure shall also constitute a waiver of any claims which the party must raise by its answer under paragraph (f) of subdivision (3) of section 210 of the act. Upon such failure, a hearing shall be held only for the purpose of fixing the duration of the forfeiture.

4 CRR-NY 206.6 Hearing {#sec-4-crr-ny-206.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 206.6}

(a) The board may designate an administrative law judge to conduct a hearing pursuant to Part 212 of this Title.

4 CRR-NY 206.7 Submission to the board {#sec-4-crr-ny-206.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 206.7}

(a) After completion of the hearing, or upon the consent of the parties, the administrative law judge shall submit the case, including his or her report and recommendations, to the board. The record shall include the charge, notice of hearing, motions, rulings, orders, stenographic report of the hearing, stipulations, exceptions, documentary evidence and any briefs or other documents submitted by the parties. The board shall cause the report and recommendations of the administrative law judge to be delivered to all parties to the proceeding. Exceptions to the report and recommendations may be filed pursuant to Part 213 of this Title.

(b) Upon completion of the case before it, the board shall decide the issues and make such disposition of the matter as it deems appropriate in accordance with section 210.3(f) of the act.

Part 207 VOLUNTARY GRIEVANCE ARBITRATION

4 CRR-NY 207.1 Policy regarding grievance arbitration {#sec-4-crr-ny-207.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.1}

It is the policy of the act to encourage public employers and recognized or certified employee organizations to enter into written agreements containing grievance procedures. In furtherance of this policy, the following voluntary arbitration rules of procedure are provided to:

(a) insure an efficient and orderly procedure for grievance arbitration;

(b) assist the parties in remedying procedural deadlocks; and

4 CRR-NY 207.2 Panel of arbitrators {#sec-4-crr-ny-207.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.2}

(a) The board shall maintain a panel of arbitrators, broadly representative of the public, who qualify and meet the board's standards and criteria of professional competence, impartiality and acceptability. All applicants requesting inclusion on the panel shall be reviewed by the board on the basis of their education, experience and expertise in the field of labor arbitration or its equivalent, and general reputation in the practice of labor-management relations. Careful evaluation, subject to the above standards and criteria, shall be made before an applicant is included on the panel of arbitrators.

(b) Inclusion in good standing on the panel shall be conditioned on the arbitrator assuming the responsibility of keeping the director of conciliation immediately informed of any changes in address, availability limitations, per diem rate, and occupation, especially where such occupational change results in financial return from, connection with, or of concern to, a public employer or employee organization. The board shall periodically review the panel of arbitrators and shall at any time take appropriate action, including removal of the arbitrator from the panel, where the arbitrator has not adhered to the board's policies and this Part.

4 CRR-NY 207.3 Agreement to arbitrate {#sec-4-crr-ny-207.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.3}

Either party or both parties to a written agreement may request the director of conciliation to commence the administration of these voluntary arbitration rules of procedure if, in their agreement, the parties have provided for arbitration pursuant to the provisions of this Part. The voluntary arbitration rules of procedure shall apply in the form obtaining at the time the arbitration is initiated.

4 CRR-NY 207.4 Demand for arbitration; submission to arbitrate {#sec-4-crr-ny-207.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.4}

(a) Demand for arbitration (request made by one party to the other).

Petitioner shall serve on the respondent a demand for arbitration which shall serve as notice of intention to arbitrate pursuant to CPLR section 7503. Such notice shall be served in the same manner as the summons or by registered or certified mail, return receipt requested. In addition, one copy of the demand for arbitration shall be filed with the director of conciliation together with proof of service on the respondent.

(b) Contents of demand for arbitration.

A demand for arbitration shall include the following:

(1) date;

(2) name of petitioner;

(3) name of respondent;

(4) name, title, address, electronic mail address, and telephone number of the representative of each party to whom correspondence from the director of conciliation shall be directed;

(5) effective date and expiration date of agreement;

(6) identification of the provision(s) in the agreement providing for arbitration, together with a copy thereof;

(7) identification of the provision(s) in the agreement claimed to be violated, together with a copy thereof;

(8) a clear and concise description of the nature of the dispute(s) to be arbitrated and the remedy(ies) sought (include the name[s] of the grievant[s]);

(9) the following language, quoted verbatim, except that the board may, at its discretion, designate a different address than that provided below on the agency’s website:

"THE UNDERSIGNED, A PARTY TO A WRITTEN AGREEMENT WHICH PROVIDES FOR ARBITRATION AS DESCRIBED HEREWITH, HEREBY DEMANDS ARBITRATION. YOU ARE HEREBY NOTIFIED THAT COPIES OF THIS DEMAND FOR ARBITRATION ARE BEING FILED WITH THE DIRECTOR OF CONCILIATION, NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD, EMPIRE STATE PLAZA, AGENCY BUILDING 2, 20th FLOOR, ALBANY, NEW YORK 12220 WITH THE REQUEST THAT THE ADMINISTRATION OF THE VOLUNTARY ARBITRATION RULES OF PROCEDURE BE COMMENCED.

PURSUANT TO THE NEW YORK ARBITRATION LAW, ARTICLE 75, SECTION 7503, CIVIL PRACTICE LAW AND RULES, YOU HAVE TWENTY (20) DAYS FROM DATE OF SERVICE OF THIS DEMAND TO APPLY TO STAY THE ARBITRATION OR BE PRECLUDED FROM SUCH APPLICATION.”

(10) signature and title of the representative serving the demand for arbitration.

Parties to an arbitration agreement may jointly request arbitration by forwarding a submission to arbitrate to the director of conciliation.

(d) Contents of submission to arbitrate.

A submission to arbitrate shall include the following:

(1) date;

(2) name of public employer and employee organization;

(3) name, title, address, electronic mail address, and telephone number of the representative of each party to whom correspondence from the director of conciliation shall be directed;

(4) the provision(s) in the agreement claimed to be violated, together with a copy thereof;

(5) a clear and concise description of the nature of the dispute(s) to be arbitrated and the remedy(ies) sought (include the name[s] of the grievant[s]);

(6) the following language, quoted verbatim:

"THE PARTIES NAMED HEREIN, HEREBY JOINTLY REQUEST BINDING ARBITRATION OF THE DISPUTE DESCRIBED HEREIN UNDER THE VOLUNTARY ARBITRATION RULES OF PROCEDURE OF THE NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD.”

(7) signatures and titles of the representatives filing the submission to arbitrate.

4 CRR-NY 207.5 Determination of jurisdiction {#sec-4-crr-ny-207.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.5}

(a) Where this Part has been incorporated by reference into an agreement to arbitrate, it shall be deemed binding on the parties as a valid part of such agreement.

(b) Where no agency's rules of procedure for arbitration have been incorporated by reference into an agreement to arbitrate, the board's jurisdiction will not attach in the matter until a submission to arbitrate has been received by the director of conciliation or until the respondent has been served with a demand for arbitration and the time limit to apply for a stay of arbitration, as provided in CPLR section 7503, has expired. In the event no application for a stay is made within the specified time limit, the board's jurisdiction shall attach and this Part shall be deemed binding on the parties as a valid part of their agreement to arbitrate.

4 CRR-NY 207.6 Arbitrability {#sec-4-crr-ny-207.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.6}

(a) Should either party contest the arbitrability of a grievance, the director of conciliation shall not determine whether the grievance is a proper subject for arbitration. The director of conciliation's sole responsibility throughout the application of this Part is administrative and, therefore, commencement of the administration of this Part shall be construed as compliance with a request.

(b) The board encourages parties to submit arbitrability questions to the arbitrator for determination. However, should the party served with a demand for arbitration pursue the legal remedies for a stay of arbitration in accordance with CPLR section 7503, a copy of the application to stay arbitration shall be filed with the director of conciliation within 20 days of service of the demand for arbitration.

(c) Upon timely receipt of a copy of the application to stay arbitration, the director of conciliation shall hold in abeyance the designation of the arbitrator pending final court determination of the arbitrability question. Absent timely receipt, the administrative responsibilities of the director of conciliation shall be carried out pursuant to this Part.

4 CRR-NY 207.7 Selection process {#sec-4-crr-ny-207.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.7}

After receipt of a demand for arbitration or submission to arbitrate, the director of conciliation shall forward to the representatives named therein two copies of an identical panel list of seven arbitrators selected from the panel of arbitrators. A resume, including per diem fee and billing disclosure statement, of each arbitrator on such panel list shall be made available for the parties' review. Each party shall have 10 days from date of the letter containing the panel list in which to select, rank and return their selections to the director of conciliation.

(a) Selection and preferential ranking.

Unless the parties have provided for their own method of selecting an arbitrator in their agreement to arbitrate, the following process for selecting an arbitrator shall be employed: if more than four names on the panel list are acceptable, those names shall be ranked in order of the party's preference and the remaining name(s), if any, shall be stricken. Otherwise the party shall strike no more than three names from the panel list and indicate a preference among those names remaining by ranking them (1), (2), (3) and (4).

(b) Additional lists.

If a party determines that more than three names on a panel list are unacceptable, a request by such party for an additional panel list shall be filed with the director of conciliation within the 10-day time period established for selection and preferential ranking. A copy of such request shall be sent to the other party simultaneously. Each party shall have the right to request one additional list, and consequently, no party shall receive more than three panel lists. Pursuant to the selection process, if the parties fail to select an arbitrator after the submission of a third panel list, the director of conciliation shall take whatever steps are necessary to designate an arbitrator.

(1) Timely receipt of selections. Upon timely receipt of each party's selections and consistent with their selected order of preference, the director of conciliation shall designate the arbitrator. If the designated arbitrator declines or is unable to serve, the director of conciliation shall reserve the right to designate an arbitrator without the submission of an additional panel list. In no case, however, will an arbitrator be designated whose name was stricken by either or both parties.

(2) Failure to timely return selections. If a party fails to timely return its selections to the director of conciliation, all names submitted in the panel list shall be deemed acceptable to such party and the designation of the arbitrator shall be made according to the preferences of the party whose selections have been timely received.

4 CRR-NY 207.8 Notice of designation {#sec-4-crr-ny-207.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.8}

(a) The parties shall be notified forthwith by the director of conciliation of the name of the designated arbitrator.

(b) The arbitrator, upon notification of designation by the director of conciliation, shall immediately communicate directly with the parties to make arrangements for preliminary matters such as the date, time and place of the arbitration hearing. If the arbitrator cannot schedule a hearing and determine the issues promptly, the arbitrator shall notify the director of conciliation forthwith. The director of conciliation shall take such action, consistent with this Part, as the director of conciliation deems appropriate.

4 CRR-NY 207.9 Status of arbitrator after designation; conduct of proceedings {#sec-4-crr-ny-207.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.9}

After designation, the legal relationship of the arbitrator is with the parties, rather than the board. The designated arbitrator shall not be considered an agent or representative of the board. The conduct of the arbitration proceeding shall be under the arbitrator's exclusive jurisdiction and control, subject to such rules of procedure as the parties may jointly agree upon. The arbitrator shall have all of the powers specified in CPLR sections 7505, 7506 and 7509 insofar as these sections may be applicable. The arbitrator's conduct shall conform to applicable laws.

4 CRR-NY 207.10 Stenographic record and transcript {#sec-4-crr-ny-207.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.10}

(a) Either party or the arbitrator may request that a stenographic record of testimony be taken and that party shall be responsible for arrangements for such stenographic record.

(b) The party or parties requesting the record shall pay the cost thereof, including the cost of a transcript to be furnished to the arbitrator. If the arbitrator orders that testimony be recorded, the cost of recording the testimony shall be mutually shared by the parties, including the cost of a transcript to be furnished to the arbitrator. Any other party to the arbitration shall be entitled to obtain a transcript upon payment therefor. The arbitrator shall indicate whether or not the transcript taken shall serve as the official record of the proceeding.

4 CRR-NY 207.11 Award upon settlement {#sec-4-crr-ny-207.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.11}

The commencement of the administration of this Part shall in no way preclude the parties from setting the dispute on their own at any time before or during an arbitration hearing. If the parties have settled, the arbitrator, upon joint request of the parties, may set forth the terms of the settlement in the form of an award.

4 CRR-NY 207.12 Expedited rendition of award {#sec-4-crr-ny-207.12 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.12}

(a) Should the parties mutually agree to an expedited rendition of the arbitrator's award, notice in the form of a joint request in writing shall be received by the director of conciliation before designating the arbitrator.

(b) The decision of the arbitrator shall be in the form of an award only, and shall be rendered within seven days after the arbitrator has declared the hearing closed.

4 CRR-NY 207.13 Form of award and time rendered {#sec-4-crr-ny-207.13 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.13}

The award shall be in writing, signed and affirmed by the arbitrator, and shall be delivered to the parties either personally or by registered or certified mail, return receipt requested, or by other means as mutually agreed by all parties involved. If no period of time for the rendition of an award has been specified in the agreement and the parties have not mutually agreed to an expedited rendition of the award, as provided in section 207.12 of this Part, an award shall be rendered within 30 days after the arbitrator has declared the hearing closed, unless this time period has been extended by the parties and so confirmed by them in writing.

4 CRR-NY 207.14 Time extension {#sec-4-crr-ny-207.14 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.14}

Except as prescribed by statute, upon request of any party, with notice to the other party, the director of conciliation, for good cause shown, may extend any time limit in this Part except the time limit for rendering an award.

4 CRR-NY 207.15 Expenses and fees {#sec-4-crr-ny-207.15 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.15}

(a) An administrative fee established by the chairperson but no less than $50 per party shall be charged by the board for its administrative services. The amount of this administrative fee may be changed by the board on a yearly basis after an annual review. The board must provide notice on the agency’s website at least 60 days in advance of any change.

(b) The arbitrator's per diem fee, certified in advance by the arbitrator to the board and listed on the arbitrator's resume, shall be the rate charged to the parties. Compensation for the services of an arbitrator, including required travel and other necessary and incidental expenses, shall be borne completely by the parties. Each party shall pay 50 percent of such fees and expenses, unless otherwise mutually agreed upon in writing by the parties.

(c) An arbitrator who requires the payment of an adjournment fee in the event of a postponement or cancellation of a scheduled hearing by either or both parties, shall give proper notice of this requirement on his or her resume. Unless otherwise mutually agreed upon in writing by the parties, the party responsible for such adjournment shall pay the entire fee, and in the case where both parties require adjournment, each party shall pay 50 percent of such adjournment fee.

(d) Since the designated arbitrator is not an agent or representative of the board, all matters involving arbitrator payments and compensation are to be resolved between the parties and the arbitrator directly.

4 CRR-NY 207.16 Filing the arbitrator’s invoice {#sec-4-crr-ny-207.16 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.16}

Upon completion of the assignment, the arbitrator shall submit to the director of conciliation a copy of the invoice submitted to the parties showing a detailed accounting of fees and expenses (if any).

4 CRR-NY 207.17 [Repealed] {#sec-4-crr-ny-207.17 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 207.17}

Part 208 ACCESS TO RECORDS OF THE BOARD

4 CRR-NY 208.1 Records available for public inspection and copying {#sec-4-crr-ny-208.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 208.1}

The records of the board available for public inspection and copying, in accordance with the procedures hereinafter set forth, are those described by section 87 of the Public Officers Law.

4 CRR-NY 208.2 Designation of records access officer and appeals officer {#sec-4-crr-ny-208.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 208.2}

(a) A records access officer shall be designated by the board’s executive director for purposes of this Part. The name, title, business address and business phone number of such designee will be posted on the agency’s website.

(b) An appeals officer shall be designated by the board’s executive director for purposes of this Part. The name, title, business address and business phone number of such designee will be posted on the agency’s website.

4 CRR-NY 208.3 Procedures for inspection and copying of records {#sec-4-crr-ny-208.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 208.3}

(a) A request to inspect or copy any record shall be made in writing to the board's executive director at P.O. Box 2074 Empire State Plaza, Agency Building 2, 18th Floor, Albany, NY 12220-0074, or at such other address the board shall designate on the agency’s website, who will make suitable arrangements for such inspection during regular office hours at the offices of the board in Albany, New York City or Buffalo, unless the location of a particular record may require its inspection at a particular office, in which case inspection shall occur at such office. Office hours will be provided on the agency’s website.

Note:

Most records of the board available for inspection may also be found in the published volume entitled Official Decisions, Opinions and Related Matters of the Public Employment Relations Board, sets of which are kept in various libraries, including the library of the Court of Appeals, the four Appellate Divisions and the board's libraries.

(b) A fee of 25 cents per page will be charged for all print copies made upon request by anyone other than a member of a board panel, to whom one copy of a document may be given without charge. The board will make every effort to comply with requests for such copies as expeditiously as possible.

(c) The records access officer may, in their discretion, waive all or any portion of the fees authorized by this section for any record or class of records.

4 CRR-NY 208.4 Denials and appeals {#sec-4-crr-ny-208.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 208.4}

(a) Denial of access to records shall be in writing stating the reason therefor and advising the requester of the right to appeal to the individual established to determine appeals, who shall be identified by name, title, business address and business phone number.

(b) Appeals may be taken in accordance with section 89 of the Public Officers Law.

4 CRR-NY 208.5 Provision of transcripts {#sec-4-crr-ny-208.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 208.5}

(a) The parties in a proceeding may order the transcript of a hearing from the stenographer at their cost. Provision shall be made in such circumstances to provide a copy to the board without cost.

(b) Where one of more parties do not order the transcript from the stenographer, the board shall order a copy of the transcript and shall pay the stenographer’s cost. Any party wishing to thereafter obtain a copy from the board may request the same but, pursuant to section 302.2 of the State Administrative Procedures Act, shall reimburse the board for the cost for the preparation and furnishing of the transcript or the rate specified in the contract between the board and a contractor if prepared by a private contractor, that was paid by the board.

(d) Upon a showing of hardship by the requesting party, the transcript cost paid by the board may be waived. Forms for applying for a hardship waiver will be available on the board’s website. A hardship waiver application will be decided by the deputy chair.

Part 209 PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA

4 CRR-NY 209.1 Statement of purpose {#sec-4-crr-ny-209.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 209.1}

The purpose of this Part is to set forth the methods and procedures governing the availability, location and nature of those records of the board subject to the provisions of article 6-A of the Public Officers Law, known as the Personal Privacy Protection Law.

4 CRR-NY 209.2 Definitions {#sec-4-crr-ny-209.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 209.2}

As used in this Part, the following words and terms shall have the indicated meanings:

Note:

The meaning of the words or terms data subject, disclose, personal information, record, system of records, and routine use shall be as set forth in the Personal Privacy Protection Law, article 6-A of the Public Officers Law.

(a) Privacy compliance officer means the board's executive director, whose business address is Public Employment Relations Board, P.O. Box 2074, Empire State Plaza, Agency Building 2, 18th Floor, Albany, NY 12220-0074, or such other address as the board may designate on the agency’s website.

(b) Privacy compliance appeals officer means the chairperson of the board, whose business address is Public Employment Relations Board, P.O. Box 2074, Empire State Plaza, Agency Building 2, 20th Floor, Albany, NY 12220-0074, or such other address as the board may designate on the agency’s website.

4 CRR-NY 209.3 Times, places for inspecting records and means for verifying the identity of a data subject {#sec-4-crr-ny-209.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 209.3}

(a) Records shall be available for inspection and copying by data subjects or their authorized representatives on every day that the officers of the board are open for the transaction of business between the hours of 8:30 a.m. and 4:45 p.m.

(b) Records may be inspected at the locations designated by the privacy compliance officer.

(1) Before being given access to personal information, an individual shall provide reasonable verification of his or her identity. No individual need verify his or her identity when seeking access to records which are otherwise available to any member of the public under the Freedom of Information Law.

(2) In the case of an individual who seeks in-person access to or amendment of record(s), an employee identification card, a driver's license, or other similar document shall constitute reasonable verification of identity.

(3) When access to or amendment of record(s) is requested by mail, the requirement for verification of identity shall be met if the individual provides minimum identifying data, such as date of birth and some item of information in the record that only the concerned individual would likely know.

4 CRR-NY 209.4 Requests for records {#sec-4-crr-ny-209.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 209.4}

All requests to inspect and/or copy records, subject to disclosure as provided by this Part, are to be made to the privacy compliance officer.

4 CRR-NY 209.5 Fees for copying records {#sec-4-crr-ny-209.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 209.5}

(a) Fees for certification of copies and supplying transcripts of all documents and records under the seal of the board shall be the fees as prescribed by the applicable regulation of the board.

(b) Fees for photocopies or data printouts of records available pursuant to this Part shall be 25 cents per page.

(1) inspection of a record;

(2) record searches;

(3) certification pursuant to this Part; and

(4) amendment or correction of an agency record found to be in error.

(d) Fees shall be paid in full or a valid offer made to pay established fees prior to issuance of copies, transcripts or certification of records.

(e) Payment shall be made in the form of a check, bank draft, or money order payable to New York State Public Employment Relations Board.

4 CRR-NY 209.6 Inspection and copying records {#sec-4-crr-ny-209.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 209.6}

Inspection and copying of records shall be subject to the following process:

(a) Request for access to records must be in writing, and shall identify or reasonably describe the records sought. Such a request may be submitted by electronic mail to an email address designated by the board, and posted on the agency’s website. All responsive communications to such a request, when submitted by electronic mail, shall also be in electronic mail, provided that the request does not seek a response in another form.

(b) The privacy compliance officer shall, within five business days after receipt of a request:

(1) make requested records available;

(2) deny the request in writing and in such denial:

(i) explain the reason for denial;

(ii) set forth the right of appeal to the privacy compliance appeals officer;

(iii) provide the name, title, business address and telephone number of the privacy compliance appeals officer; or

(3) furnish written acknowledgment of the request and the approximate date when the request will be granted or denied.

(d) If the record cannot be found after diligent search, the privacy compliance officer shall so notify the requestor.

(e) Upon request, the privacy compliance officer will certify that the record is a true copy.

(f) Confidentiality questions concerning records in the possession of the Board which originated in any other state or Federal agency shall be referred to such originating agency for resolution.

(g) Persons inspecting a record shall be allowed to copy it by any means which will not damage the record.

4 CRR-NY 209.7 Appeals of denial of access to records {#sec-4-crr-ny-209.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 209.7}

(a) Any person who has been denied access to records by the privacy compliance officer may appeal such denial within 30 days to the privacy compliance appeals officer, by submitting a written request, which shall set forth:

(1) the date of the request for records;

(2) the records to which the requestor was denied access;

(3) the name and return address of the requestor; and

(4) the requestor's position, concisely stated, setting forth the reason why the decision of the privacy compliance officer should be changed.

(b) The time for deciding on an appeal by the privacy compliance appeals officer shall commence upon receipt of the written appeal.

(c) The privacy compliance appeals officer shall, within seven business days of the receipt of a written appeal, review the matter and affirm, modify or reverse the denial.

(d) If the privacy compliance appeals officer determines that the denial of access was erroneous, such officer shall instruct the privacy compliance officer to allow prompt inspection or copying of the record as requested.

(f) The privacy compliance appeals officer shall immediately forward to the Committee on Open Government a copy of such appeal and the determination thereon.

4 CRR-NY 209.8 Procedures governing the correction or amendment of records {#sec-4-crr-ny-209.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 209.8}

The correction or amendment of records shall be subject to the following process:

(a) A request for the correction or amendment of a record shall be made in writing and shall identify or reasonably describe such record. Such a request may be submitted by electronic mail to an email address designated by the board, and posted on the agency’s website. All responsive communications to such a request, when submitted by electronic mail, shall also be in electronic mail, provided that the request does not seek a response in another form.

(b) The privacy compliance officer shall within 30 business days after receipt of a request:

(1) make requested correction or amendment in whole or part and advise the individual that upon request, parties to whom such data has been disclosed in accordance with section 94.3(c) of the Public Officers Law, will be advised of such correction or amendment;

(2) deny the request in writing. Such denial shall:

(i) explain the reason for the denial;

(ii) set forth the right of appeal to the privacy compliance appeals officer; and

(iii) provide the name, title, business address and telephone number of the privacy compliance appeals officer.

4 CRR-NY 209.9 Appeals of denial of correction or amendment of records {#sec-4-crr-ny-209.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 209.9}

(a) Any person whose request for correction or amendment of records has been denied by the privacy compliance officer may appeal such denial within 30 business days to the privacy compliance appeals officer. Such a request may be submitted by electronic mail to an email address designated by the board, and posted on the agency’s website. All responsive communications to such a request, when submitted by electronic mail, shall also be in electronic mail, provided that the request does not seek a response in another form. Such appeal shall be in writing and shall set forth:

(1) the date of the request for records;

(2) the records whose correction or amendment was denied and the requestor's justification for changes sought; and

(3) the name and return address of the requestor.

(b) The time for deciding on an appeal by the privacy compliance appeals officer shall commence upon receipt of the written appeal.

(c) The privacy compliance appeals officer shall, within 30 business days of the receipt of a written appeal, review the matter and affirm, modify or reverse the denial.

(d) If the privacy compliance appeals officer determines that the denial was erroneous, such officer shall instruct the privacy compliance officer to allow correction or amendment of the record as requested and notify appropriate parties, if requested, by the requestor.

(e) If the privacy compliance appeals officer affirms or modifies the denial, such officer shall communicate the reasons in writing by either first class mail or certified mail, return receipt requested, to the person making the appeal and inform such person of the right of judicial review. In addition, the records appeals officer shall notify the requestor of its right to file with the board a statement of reasons for disagreement with its determination, and that the board will attach requestor's statement to the disputed record. Upon an individual's request, such statement will be provided to parties to whom such data has been disclosed in accordance with section 94.3(c) of the Public Officers Law together, if appropriate, with a concise statement of the board's reasons for not making the requested amendment.

(f) The privacy compliance appeals officer shall immediately forward to the Committee on Open Government a copy of such appeal and the determination thereon.

Part 210 DECLARATORY RULINGS

4 CRR-NY 210.1 Petition; filing {#sec-4-crr-ny-210.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 210.1}

(a) Filing of petition.

Any person, employee organization or employer may file with the director an original and four copies of a petition for a declaratory ruling with respect to the applicability of the act to it or any other person, employee organization or employer, or with respect to the scope of negotiations under the act. The petition shall be in writing on a form provided by the director and shall contain a signed affirmation stating, “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.” Should the chairperson authorize electronic filing of the petition, 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 petition.

The petition shall include the following:

(1) the name, address and affiliation, if any, of the petitioner, and the title of any representative filing the petition;

(2) a complete statement of the relevant facts and the grounds prompting the petition, including a full disclosure of the petitioner's interest;

(3) if the petition raises a question with respect to the scope of negotiations under the act, a statement whether such question is the subject of a charge brought under Part 204 of this Chapter;

(4) the names and addresses of any other persons, employee organizations or employers whose interests are reasonably likely to be affected by the ruling; and

(5) at the option of the petitioner, a proposed ruling.

4 CRR-NY 210.2 Processing by the director {#sec-4-crr-ny-210.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 210.2}

(a) The director or an assigned administrative law judge will determine whether a declaratory ruling would be in the public interest as reflected by the policies underlying the act. If the director or administrative law judge determines that it would not, he or she shall dismiss the petition. Such dismissal shall merely constitute a refusal to issue a declaratory ruling, and not the denial of any position proposed by the petitioner. Such a decision to refuse to issue a declaratory ruling may be made at any stage of the proceeding.

(b) The director or administrative law judge shall send a copy of the petition to any persons, employee organizations or public employers, in addition to those listed in the petition, whom the director or administrative law judge deems to have interests that are reasonably likely to be affected by the ruling, together with a notice that they may at their option, become parties to the proceeding by filing in the same manner as the petition was filed a response to the petition within 10 working days from their receipt thereof. Such response may challenge any of the allegations in the petition and, whether or not petitioner has done so, it may propose a ruling.

(c) The matter shall be processed in accordance with the procedures set forth in section 204.4 and Part 212 of this Title, except that the director or administrative law judge shall issue a decision, which may be reviewed pursuant to Part 213 of this Title.

4 CRR-NY 210.3 [Repealed] {#sec-4-crr-ny-210.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 210.3}

Part 211 SUBPOENAS

4 CRR-NY 211.1 Scope {#sec-4-crr-ny-211.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 211.1}

(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.

4 CRR-NY 211.2 Issuance of subpoenas {#sec-4-crr-ny-211.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 211.2}

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.

4 CRR-NY 211.3 Request for subpoena {#sec-4-crr-ny-211.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 211.3}

(a) The administrative law judge may issue a subpoena only when the party applying for it files a written affirmation, 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. The affirmation shall be signed and shall state “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.”

(b) Contents of affirmation for a witness subpoena. Such affirmation 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.

(c) Contents of affirmation for subpoena requiring the production of books, papers, documents or other objects; response. Such affirmation must specify:

(1) the books, papers, documents or other objects to be produced pursuant to the subpoena;

(2) facts sufficient to establish the relevancy of the materials to be produced; and

(3) that a copy of the subpoena request and affirmation has been served upon all other parties. A party may file with the administrative law judge a response to the subpoena request, with copy to all other parties, within five working days after its receipt of the subpoena request.

(d) Nothing in this section shall in any way affect any rights of any person or entity under law.

4 CRR-NY 211.4 Service of subpoena {#sec-4-crr-ny-211.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 211.4}

(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.

4 CRR-NY 211.5 Time and place for production of documents {#sec-4-crr-ny-211.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 211.5}

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.

4 CRR-NY 211.6 Motion to withdraw or modify {#sec-4-crr-ny-211.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 211.6}

(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.

4 CRR-NY 211.7 Failure to honor a subpoena {#sec-4-crr-ny-211.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 211.7}

(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.

Part 212 CONFERENCE AND HEARINGS

4 CRR-NY 212.1 Intervention {#sec-4-crr-ny-212.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 212.1}

(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.

4 CRR-NY 212.2 Conference {#sec-4-crr-ny-212.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 212.2}

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.

4 CRR-NY 212.3 Conduct of hearings {#sec-4-crr-ny-212.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 212.3}

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.

4 CRR-NY 212.4 Formal hearing {#sec-4-crr-ny-212.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 212.4}

(a) A formal hearing for the purpose of taking evidence relevant to the case before the agency shall be conducted as necessary by the administrative law judge designated by the director. At any time, an administrative law judge may be substituted by the director for the administrative law judge previously assigned.

(b) The hearing will not be adjourned unless good and sufficient grounds are established by the requesting party, who shall file, consistent with the manner in which the petition was filed, with the administrative law judge an application, on notice to all other parties, setting forth the factual circumstances of the application, and the previously ascertained position of the other parties. The failure of a party to appear at the hearing may, in the discretion of the administrative law judge, constitute ground for dismissal of the absent party's pleading and a default determination.

(c) Any party shall have the right to appear at any hearing in person, by counsel, or by other representative, and any party and the administrative law judge shall have the power to call and examine witnesses, and to introduce into the record documentary and other evidence. Witnesses shall be examined orally under oath.

(d) Stipulations of fact may be introduced into evidence with respect to any issue. The administrative law judge is authorized to administer oaths and affirmations, and to exercise discretion in regulating the course of the proceeding, including, but not limited to, sequestering witnesses, and controlling the order and method of presentation of relevant evidence. In exercising this discretion, the administrative law judge may require oral or written offers of proof, and may direct the production of supporting documentary evidence as exhibits to such offers of proof. The administrative law judge may entertain motions based upon such offers of proof. Interlocutory appeal of a decision, ruling, or order of an administrative law judge that does not resolve the entirety of a case shall be permissible only as provided in section 213.4 of this Part. All such non-dispositive decisions, rulings, or orders of an administrative law judge may be appealed to the board in exceptions pursuant to section 213.2 of this Part to a final decision rendered by the administrative law judge.

(e) Stipulations of undisputed facts or stipulations regarding the authenticity of documents to be admitted into evidence may be introduced with respect to any relevant issue.

(f) Except as to the rules of privilege recognized by law, compliance with the technical rules of evidence shall not be required.

(g) A party seeking to introduce an exhibit into evidence shall simultaneously provide copies to all other parties and the administrative law judge, unless excused by the administrative law judge.

(h)

(1) An administrative law judge may recuse himself/herself from a case whenever he/she believes it to be appropriate.

(2) Any party to a proceeding may file a motion with the assigned administrative law judge requesting that the administrative law judge recuse himself/herself from further participation in that case. A motion for recusal shall be made as soon as reasonably possible after the basis for such motion becomes known to the party making it. Unless made at a hearing, such motion shall be filed with the administrative law judge in the same manner as was the petition, shall set forth all of the known grounds for the motion, and shall be accompanied by proof of service of a copy thereof upon all other parties. Unless such motion is made at a hearing, any party may file in the same manner with the administrative law judge a response to such motion within three working days of its receipt of a copy thereof, with proof of service of a copy of the response on all other parties, unless otherwise directed by the administrative law judge. Motions for recusal made at a hearing, and responses thereto, shall be made upon such terms as the administrative law judge shall direct. The administrative law judge's ruling on the motion shall be made either in writing or on the record at the hearing and the ruling, the recusal motion and any response shall be part of the record of the proceeding.

(i) All motions and rulings shall be part of the record of the case and, unless expressly authorized by the board, shall not be appealed directly to the board, but shall be considered by the board whenever the case is submitted to it for decision. Any objection to the conduct of a hearing, including an objection to the introduction of evidence, may be oral or written, must be accompanied by a short statement of the grounds for such objection, and shall be included in the record. Any objection not duly taken at the hearing shall be deemed waived, unless excused because of extraordinary circumstances.

(j) The refusal of a witness to answer any question which has been ruled to be proper shall, at the discretion of the administrative law judge, be grounds for striking all testimony previously given by such witness on related matters, or the basis of an adverse inference on the subject of the question.

(k) At the discretion of the administrative law judge, the hearing may be continued from day to day or to a later day or another place, by announcement thereof at the hearing or by other appropriate notice.

(l) A motion may be made to dismiss an improper practice charge, or the administrative law judge may dismiss a charge, on the ground that the alleged violation occurred more than four months prior to the filing of the charge, but only if the failure of timeliness was first revealed during the hearing. An objection to the timeliness of the charge, if not duly raised, shall be deemed waived.

4 CRR-NY 212.5 Briefs and proposed findings {#sec-4-crr-ny-212.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 212.5}

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.

4 CRR-NY 212.6 Decision and order {#sec-4-crr-ny-212.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 212.6}

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.

Part 213 EXCEPTIONS TO THE BOARD

4 CRR-NY 213.1 Scope {#sec-4-crr-ny-213.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 213.1}

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.

4 CRR-NY 213.2 Exceptions {#sec-4-crr-ny-213.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 213.2}

(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.

4 CRR-NY 213.3 Cross-exceptions; responses; replies {#sec-4-crr-ny-213.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 213.3}

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.

4 CRR-NY 213.4 Motions for leave to file interlocutory exceptions in extraordinary circumstances {#sec-4-crr-ny-213.4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 213.4}

(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.

After a motion for leave to file exceptions is filed, the deputy chair or agent of the board so designated shall review the motion to determine whether it complies with subdivisions (a) and (b) of this section.

4 CRR-NY 213.5 Responses to motions for leave to file exceptions {#sec-4-crr-ny-213.5 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 213.5}

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.

4 CRR-NY 213.6 Board action on motion for leave to file exceptions {#sec-4-crr-ny-213.6 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 213.6}

(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.

4 CRR-NY 213.7 Request for extension of time {#sec-4-crr-ny-213.7 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 213.7}

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.

4 CRR-NY 213.8 Oral argument {#sec-4-crr-ny-213.8 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 213.8}

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.

4 CRR-NY 213.9 Amicus curiae procedure {#sec-4-crr-ny-213.9 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 213.9}

(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.

(b) Non-party initiated amicus procedure.

(1) A non-party seeking to file an amicus brief in a matter pending before the board may file an original and four copies of a motion for leave along with a proposed brief with proof of service of one copy on each party. Should the chairperson authorize electronic filing of such 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.

(2) Criteria. A motion for amicus curiae relief shall demonstrate that the movant can identify legal or policy arguments under the act that might otherwise escape the board or that may provide assistance to the board in some other manner.

(3) Positions of the parties. The parties may file in the same manner as the motion papers in support or opposition to the motion with proof of service consistent with the schedule for the motion as set by the board.

(4) Upon receipt of a motion to file an amicus curiae brief, the board shall set a schedule for the parties to respond to the motion.

(5) Should the board grant the motion to file briefs amicus curiae, such briefs will be in the manner and time frame set forth by the board in its order granting the motion.

4 CRR-NY 213.10 Final board action {#sec-4-crr-ny-213.10 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 213.10}

(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.

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.

4 CRR-NY 213.11 Enforcement of board orders {#sec-4-crr-ny-213.11 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 213.11}

(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 affirmations of persons with personal knowledge of the facts set forth therein, attesting to the alleged refusal or failure to comply with the remedial order. Such affirmations shall be signed and shall state “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.” 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 affirmations shall be accompanied by proof of service on all other parties before the board.

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 affirmations of persons with personal knowledge of the facts set forth therein. Such affirmations shall be signed and shall state “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.” Said response and supporting affirmations 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.

Part 214 MISCONDUCT BEFORE THE AGENCY

4 CRR-NY 214.1 Misconduct by any person {#sec-4-crr-ny-214.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 214.1}

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.

4 CRR-NY 214.2 Suspension or other sanctions {#sec-4-crr-ny-214.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 214.2}

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.

4 CRR-NY 214.3 [Repealed] {#sec-4-crr-ny-214.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 214.3}

Part 215 ACCUMULATION OF REFERENCE MATERIAL UNDER SECTION 205.5(E) OF THE ACT

4 CRR-NY 215.1 Filing of contracts by public employers {#sec-4-crr-ny-215.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 215.1}

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.

4 CRR-NY 215.2 Filing of reports by public employers {#sec-4-crr-ny-215.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 215.2}

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.

4 CRR-NY 215.3 Filing of rules, regulations, orders and determinations issued by local agencies {#sec-4-crr-ny-215.3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 215.3}

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.

Part 216 MISCELLANEOUS

4 CRR-NY 216.1 Board employees {#sec-4-crr-ny-216.1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 216.1}

Persons who hold positions by appointment or employment in the service of the board are excluded from the application of the act.

4 CRR-NY 216.2 Confidential communication {#sec-4-crr-ny-216.2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY 216.2}

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.

4 CRR-NY App. 1 Appendix 1 {#sec-4-crr-ny-app.-1 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY App. 1}

POSITIONS CLASSIFIED IN THE EXEMPT CLASS UNDER SECTION 2.1 OF THE RULES FOR THE CLASSIFIED SERVICE

STATE DEPARTMENT SERVICE

ALL STATE DEPARTMENTS AND

AGENCIES

State Aide (25)

AGRICULTURE AND MARKETS, Department of

Administrative Assistant (3)

Assistant Director State Fair

Assistant Public Information Officer

Counsel

Deputy Commissioner (3)

Director of Internal Audit

Director of Kosher Law Enforcement

Director of Public information

Director of State Fair

Executive Assistant

First Deputy Commissioner

Investigator 1

Legislative Liaison

Special Assistant (13)

AUDIT AND CONTROL, Department of

Administrative Assistant (23)

Administrative Specialist 1 (24)

Assistant Counsel (20)

Assistant Counsel, in the Employees Retirement System (3)

Assistant Deputy Comptroller (17)

Assistant Deputy Counsel (2)

Assistant Director of Internal Audit (2)

Assistant Director of Public Information (2)

Assistant Public Information Officer (9)

Associate Counsel (5)

Chief Investigations

Chief of Staff

Citizen Services Representative (12)

Confidential Aide (7)

Counsel to the Comptroller

Counsel to the Retirement System

Deputy Comptroller (7)

Deputy Counsel to the Comptroller

Director, Bureau of Equity and Fixed Income Investments

Director, Bureau of Unclaimed Property

Director, Equal Opportunity

Director of Fiscal Research and Policy Analysis

Director of Internal Audit

Director of Investor Affairs

Director of Public Information

Director of State Payroll Services

Executive Assistant (13)

Executive Deputy Comptroller

Executive Director (3)

First Deputy Comptroller

Internal Control Officer

Investigative Auditor (17)

Member, Retirement Systems Medical Board (6)

Retirement System Assistant Chief Actuary

Retirement System Chief Actuary

Special Assistant (12)

Special Investment Officer (103)

Deputy Comptroller for New York City, Office of the

Administrative Specialist 1

Assistant Counsel

Assistant Director of Agency Analysis

Deputy Comptroller for the City of New York

Director of Financial Plan Evaluation

Special Assistant (3)

CIVIL SERVICE, Department of

Administrative Assistant (2)

Assistant Commissioner

Assistant Public Information Officer

Associate Counsel

Confidential Aide

Counsel

Deputy Commissioner (4)

Director Diversity and Inclusion Management

Director of Internal Audit

Director of Public Information

Executive Deputy Commissioner

Legislative Coordinator

Special Assistant (6)

Special Counsel

Public Employment Relations Board

Assistant Director (2)

Associate Counsel

Chief Regional Mediator (2)

Counsel

Deputy Chairman and Counsel

Deputy Counsel

Director of Public Employees Conciliation

Director of Public Employment Practices and Representation

Director Private Employment Practices and Representation Special Assistant

Executive Assistant

Executive Director

Special Assistant (2)

CORRECTIONS AND COMMUNITY SUPERVISION, Department of

Alcohol Recovery Program Aide

Asbestos Control Supervisor

Assistant Chief Investigations

Assistant Commissioner (19)

Assistant Counsel

Assistant Public Information Officer (2)

Associate Commissioner (3)

Associate Counsel (8)

Board Member (DOCS Independent Advisory Board) (6)

Chief Investigations

Confidential Legal Assistant

Correction Officer (Alcohol Recovery Program) (2)

Correctional Industries Sales Manager

Correctional Industries Sales Representative (17)

Deputy Commissioner (7)

Deputy Commissioner and Counsel

Deputy Counsel (3)

Deputy Director (2)

Deputy Director Correctional Industries Marketing and Sales

Director Internal Audit

Director of Public Information

Executive Assistant (2)

Executive Deputy Commissioner

Investigator 1 (247)

Special Assistant (7)

Parole, State Board of

Administrative Assistant

Associate Counsel (6)

Counsel

Deputy Counsel

Executive Assistant (1)

Executive Deputy Director

ECONOMIC DEVELOPMENT, Department of

Administrative Assistant (4)

Assistant Commissioner

Assistant Counsel (2)

Assistant Deputy Commissioner (6)

Associate Counsel

Business Marketing Program Coordinator

Deputy Commissioner (10)

Deputy Commissioner and Counsel

Deputy Director (4)

Director of Internal Audit

Director, Office of Motion Picture and Television Development

Executive Assistant

Executive Deputy Commissioner

Executive Deputy Director

Executive Director

Photographer

Special Assistant (5)

Minority and Women's Business Development, Governor's Office of

Administrative Assistant (5)

Assistant Counsel (3)

Assistant Director of Agency Services Bureau

Director of Business Services Bureau

Director, Minority and Woman Business Development

Director of Operations

EDUCATION DEPARTMENT

Administrative Assistant (2)

Assistant Commissioner (17)

Assistant Counsel (37)

Assistant Director of Public Information

Associate Commissioner (4)

Chief Privacy Officer

Confidential Aide

Counsel and Deputy Commissioner for Legal Affairs

Deputy Commissioner (4)

Deputy Counsel

Director Audit Services

Director, Division of Prosecution

Director Equal Opportunity

Director Investigations

Director of Public Information

Executive Coordinator (3)

Executive Deputy Commissioner

Executive Director

Executive Secretary, State Boards for the Professions (12)

Legislative Coordinator (2)

Legislative Liaison (3)

Manager Information Services (2)

Program Manager

Secretary to Board of Regents

Special Assistant (10)

Higher Education Services Corporation, New York State

Counsel

Deputy Counsel

Director of Audits

Director of Public Information

Executive Vice-President

Internal Control Officer

Legislative Liaison

Program Manager

Special Assistant (4)

Vice-President HESC (4)

State University of New York

Central Administration

Administrative Assistant (7)

Confidential Aide (3)

In Each State University Agricultural and Technical College

Administrative Assistant

In Each State University College

Administrative Assistant (2 at Oswego and 1 at each other State University College)

Administrative Assistant (2) at SUC at Brockport

State University Centers

Administrative Assistant (2 at Albany and 1 at each other Center)

State University Maritime College

Administrative Assistant

SUNY College of Environmental Science and Forestry

Administrative Assistant

ENVIRONMENTAL CONSERVATION, Department of

Administrative Assistant (7)

Assistant Commissioner (1)

Assistant Counsel (10)

Assistant Director of Public Information

Assistant Public Information Officer (13)

Associate Counsel (17)

Confidential Aide

Deputy Commissioner (10)

Deputy Commissioner and Counsel

Deputy Counsel (3)

Director of Internal Audit

Director of Public Information

Executive Assistant

Executive Deputy Commissioner

Investigative Auditor

Investigator 1

Legislative Assistant 2

Legislative Coordinator (3)

Legislative Liaison (2)

Special Assistant (28)

EXECUTIVE DEPARTMENT

Governor, Office of the

Administrative Assistant (91)

Assistant Counsel

Assistant Counsel to the Governor (9)

Assistant Secretary to the Governor (3)

Associate Counsel (2)

Chief Diversity Officer

Counsel

Counsel to the Governor

Deputy Director (1)

Deputy Director of Scheduling for Governor (2)

Deputy Director State Operations

Deputy Director Women’s Division

Deputy Secretary to the Governor (7)

Director, Office of Counselor and Communications

Director of Correspondence Coordination

Director of Criminal Justice

Director of New York Office

Director New York State Office of Federal Affairs

Director of Scheduling for Governor (2)

Director of State Operations

Director Women’s Division

Executive Assistant to the Governor (4)

Executive Director (2)

First Assistant Counsel to the Governor

Investigative Auditor (6)

Legislative Assistant (11)

Legislative Coordinator (3)

Press Assistant

Press Officer (4)

Program Assistant (3)

Program Associate (21)

Program Manager (18)

Secretary to Governor

Special Assistant (8)

Adirondack Park Agency

Assistant Director

Assistant Public Information Officer

Counsel

Deputy Director (3)

Director of Public Information

Executive Assistant

Executive Director

Aging, Office for the

Administrative Assistant (3)

Administrative Officer

Assistant Deputy Director

Assistant Director (3)

Assistant Public Information Officer

Associate Counsel

Counsel

Deputy Director (5)

Director of Public Information

Executive Deputy Director

Special Assistant (9)

Alcoholic Beverage Control, Division of

Administrative Officer

Assistant Chief Executive Officer (3)

Associate Counsel

Chief Executive Officer

Counsel

Deputy Commissioner (4)

Director of Alcoholic Beverage Control Compliance

Director of Internal Audit

Executive Secretary

Special Assistant (8)

Budget, Division of the

Administrative Assistant (22)

Assistant Director

Associate Counsel (2)

Counsel

Deputy Counsel (2)

Deputy Director (4)

Director Correspondence Coordination

Press Officer (2)

Program Associate (5)

Special Assistant (7)

Cannabis Management, Office of

Assistant Counsel (14)

Assistant Public Information Officer (2)

Associate Counsel (12)

Chief of Staff

Counsel

Deputy Counsel (2)

Deputy Director (6)

Director Investigations

Director Public Information

Executive Assistant (2)

Executive Deputy Director

Hearing Examiner (6)

Program Manager

Special Assistant (28)

Special Counsel

Correction, Commission of

Administrative Assistant

Counsel

Criminal Justice Services, Division of

Administrative Assistant (4)

Assistant Counsel (1)

Assistant Deputy Commissioner

Assistant Director Probation and Correctional Alternatives

Assistant Manager Training (2)

Assistant Public Information Officer (1)

Associate Commissioner

Associate Counsel (2)

Counsel (2)

Crime Analysis Center Director (11)

Deputy Commissioner and Counsel (2)

Deputy Commissioner (5)

Director Juvenile Justice Policy

Director of Audit Services

Director of Elections Automated Services

Director of Probation and Correctional Alternatives

Director of Public Information

Executive Assistant

Executive Deputy Commissioner

Manager Training

Program Associate

Program Manager (3)

Special Assistant (16)

Special Counsel

Elections, State Board of

Administrative Assistant (18)

Administrative Officer

Administrative Specialist 1

Assistant Administrative Officer

Assistant Director Operations

Assistant Director of Public Information

Assistant Manager Information Services (9)

Assistant Program Manager (3)

Assistant Public Information Officer (6)

Associate Counsel (8)

Chief Enforcement Counsel

Chief Information Officer

Chief Investigations

Co-Executive Director (2)

Confidential Aide

Counsel (2)

Deputy Counsel (8)

Deputy Director (2)

Director Operations

Director of Public Information

Elections Law Enforcement Investigator (12)

Elections Finance Enforcement Specialist (6)

Elections Finance Enforcement Training Specialist (2)

Elections Specialist (18)

Investigative Auditor (64)

Manager Information Services (5)

Program Manager (3)

Special Assistant (12)

Special Counsel (2)

Supervising Investigative Auditor (10)

Training Associate (15)

Employee Relations, Office of

Administrative Assistant (10)

Administrative Officer

Assistant Administrative Officer

Assistant Counsel (9)

Assistant Director (8)

Associate Counsel (1)

Associate Director (1)

Counsel

Deputy Counsel

Deputy Director (2)

Director Affirmative Action Programs (2)

Director of Public Information

Employee Program Assistant (3)

Employee Program Associate (4)

Employee Relations Assistant (5)

Employee Relations Associate (6)

Executive Deputy Director

Manager Equal Opportunity Compliance (15)

Gaming Commission

Administrative Assistant (6)

Assistant Counsel (7)

Assistant Manager Gaming Operations

Assistant Presiding Judge (18)

Assistant Public Information Officer

Assistant to Supervising Racing Veterinarian (12)

Associate Counsel

Associate Judge (28)

Chief Racing Operations

Confidential Aide

Counsel (2)

Deputy Counsel

Deputy Director

Deputy Director Division of Gaming

Director Division Charitable Gaming

Director Division Gaming

Director Division Lottery

Director Internal Audit

Director Office of Racing and Promotion Development

Director Racing Officials

Director Racing and Pari-Mutuel Wagering

Executive Assistant (2)

Executive Deputy Director

Executive Director

Executive Secretary

Gaming Inspector General

Investigator 1 (23)

Manager Commercial Gaming

Manager Gaming Operations (2)

Manager Licensing

Paddock Judge (18)

Patrol Judge (28)

Presiding Judge (18)

Racing Investigator (7)

Racing License Investigator (2)

Recording Judge (18)

Special Assistant (10)

Starter (18)

Steward (4)

Supervising Racing Veterinarian (22)

General Services, Office of

Administrative Assistant (9)

Appointments Officer

Assistant Appointments Officer (7)

Assistant Counsel (3)

Assistant Deputy Director Business Services Center (1)

Assistant Director

Assistant Director, New York State Executive Mansion

Assistant Director of Public Information

Assistant Public Information Officer

Associate Commissioner (4)

Associate Counsel

Building Superintendent (13)

Chief Risk Officer

Deputy Appointments Officer

Deputy Commissioner (5)

Deputy Commissioner and Counsel

Deputy Counsel

Deputy Director Business Services Center (1)

Director Equal Opportunity

Director Internal Audit

Director Media Services Center

Director Office of Performance Management & Innovation (1)

Director Public Information

Director Service-Disabled Veterans' Business Development

Executive Director, New York State Executive Mansion

Executive Facilities Assistant (49)

Executive Mansion Chef (2)

First Deputy Commissioner

Insurance Services Manager

Program Associate (12)

Program Manager (3)

Promotion and Public Affairs Agent (15)

Special Assistant (38)

Homeland Security and Emergency Services, Division of

Administrative Assistant (2)

Assistant Counsel (2)

Assistant Director of Public Information

Assistant Director State Emergency Management Office

Assistant Public Information Officer

Associate Counsel (6)

Chief Diversity Officer

Community Relations Specialist

Counsel (1)

Deputy Counsel (3)

Deputy Director (2)

Deputy State Fire Administrator (2)

Director Internal Audit

Director of Public Information

Director, Office of Counter Terrorism

Director, Office of Interoperable and Emergency Communications

Director, State Emergency Management Office

Executive Assistant

Executive Deputy Commissioner

Homeland Security Assistant Director

Legislative Liaison

Program Manager

Special Assistant (25)

State Fire Administrator

Housing and Community Renewal, Division of

Administrative Assistant (3)

Assistant Commissioner (10)

Assistant Counsel

Assistant Program Manager

Assistant Public Information Officer (2)

Associate Counsel

Confidential Aide

Counsel

Deputy Commissioner (6)

Deputy Counsel (2)

Director of Internal Audit

Director of Public Information

Executive Assistant

Executive Deputy Commissioner

Investigative Auditor (2)

Legislative Liaison (2)

Program Research Specialist (1)

Special Assistant (14)

Human Rights, Division of

Administrative Assistant (4)

Assistant Commissioner (15)

Assistant Counsel (14)

Assistant Program Manager

Assistant Public Information Officer

Associate Counsel (6)

Confidential Aide

Counsel

Deputy Commissioner

Deputy Counsel (2)

Deputy Director

Director Equal Opportunity

Director Financial Administration

Director Internal Audit

Director of Public Information

Executive Assistant (3)

First Deputy Commissioner

Legislative Coordinator

Manager Information Services

Manager Training

Program Manager (3)

Special Assistant (5)

Indigent Legal Services, Office of

Administrative Assistant (3)

Assistant Counsel (22)

Associate Counsel (2)

Chief Diversity Officer

Confidential Legal Assistant (4)

Counsel

Manager of Information Services

Program Associate

Research Associate

Special Assistant (24)

Information Technology Services, Office of

Administrative Assistant (9)

Assistant Public Information Officer (5)

Associate Counsel

Chief Information Officer (1)

Counsel (2)

Deputy Counsel (2)

Deputy Director

Director Internal Audit

Director Public Information

Executive Assistant (2)

Manager Information Services (42)

NYS Chief Information Officer

NYS Deputy Chief Information Officer (6)

Program Associate (8)

Special Assistant (30)

Inspector General, State Office of

Administrative Officer

Assistant Administrative Officer

Assistant Director of Audit and Consulting

Assistant Director of Public Information

Assistant Inspector General (2)

Assistant Manager of Information Services

Assistant Manager of Training

Chief Investigator (2)

Counsel

Deputy Chief Investigator (4)

Director of Audit and Consulting

Director and Chief of Investigations (3)

Director of Contract and Construction Fraud

Director of Public Information

First Deputy Inspector General

Forensic Accountant (3)

Investigative Aide (16)

Investigative Assistant (15)

Investigative Auditor (20)

Investigative Counsel (26)

Investigator 1

Investigator State Inspector General (49)

Manager of Information Services

Manager of Training

Special Deputy Inspector General

Justice Center for the Protection of People with Special Needs

Administrative Assistant (2)

Assistant Chief Investigations (6)

Assistant Counsel (28)

Assistant Director Public Information

Assistant Manager Information Services (4)

Associate Counsel (12)

Chief Investigations

Client Advocate (8)

Counsel (2)

Deputy Chief Investigator

Deputy Counsel (2)

Deputy Director (7)

Director Internal Audit

Director of Public Information

Executive Assistant (3)

Executive Deputy Director

Internal Control Officer

Investigator 1

Manager Information Services (3)

Manager Training

Program Manager

Special Assistant (3)

Special Prosecutor and Inspector General

Local Government Ethics, Temporary State Commission on

Confidential Investigator

Parks, Recreation and Historic Preservation, Office of

Assistant Counsel

Assistant Deputy Commissioner (2)

Assistant Public Information Officer (4)

Associate Commissioner

Chief Diversity Officer

Chief of Staff

Counsel

Deputy Commissioner (6)

Director of Internal Audit

Director of Public Information

Executive Assistant

Executive Deputy Commissioner

Legislative Coordinator

Manager Information Services

Park Supervisor 1 (Marine Services) (1)

Special Assistant (14)

Prevention of Domestic Violence, Office for the

Assistant Counsel

Assistant Deputy Director

Counsel

Deputy Director (3)

Director Public Information

Executive Assistant

Executive Director

Legislative Coordinator

Special Assistant (3)

Prosecutorial Conduct, Commission on

Administrative Assistant (2)

Assistant Counsel

Associate Counsel (5)

Deputy Counsel (4)

Executive Assistant

Executive Director

Investigator 2 (3)

Program Manager (2)

Readjustment Problems of Vietnam Veterans, Temporary State Commission on the

Executive Director

Recreation Council, State

Executive Secretary, State Recreation Council

Statewide Financial System

Administrative Assistant

Deputy Director (6)

Executive Deputy Director

Executive Director

Special Assistant (3)

Veterans' Services, Division of

Administrative Assistant

Counsel

Deputy Commissioner (4)

Deputy Counsel

Director of Public Information

Executive Deputy Commissioner

Program Manager

Special Assistant (3)

Victim Services, Office of

Administrative Assistant

Counsel

Deputy Director (2)

Manager Training

Program Associate

Welfare Inspector General, Office of the

Investigative Assistant (4)

Investigative Auditor (2)

Investigative Counsel (7)

Investigator 1 (7)

FAMILY ASSISTANCE, Department of

Children and Family Services, Office of

Administrative Assistant (4)

Assistant Chief Investigations

Assistant Counsel (1)

Assistant Deputy Director

Assistant Director Internal Audit

Assistant Director of Public Information

Assistant Manager Information Services

Associate Commissioner (23)

Associate Counsel (4)

Chief Investigations

Community Relations Specialist (4)

Coordinator of Hard-to-Place Children Activities

Counsel (2)

Deputy Commissioner (4)

Deputy Counsel (3)

Director of Adoption Services

Director of Internal Audit

Director Policy Planning and Research

Director of Public Information

Executive Assistant (3)

Executive Deputy Commissioner

Executive Director (2)

Executive Director, Office of National and Community Service

Investigative Auditor (1)

Legislative Coordinator

Legislative Liaison

Manager Information Services

Program Manager

Research Associate (11)

Special Assistant (24)

Temporary and Disability Assistance, Office of

Administrative Assistant

Assistant Commissioner (6)

Assistant Counsel (9)

Assistant Deputy Commissioner

Assistant Program Manager (2)

Assistant Public Information Officer

Associate Counsel

Confidential Aide

Counsel

Deputy Commissioner (7)

Deputy Counsel

Director, Bureau of Energy Programs

Director Financial Administration

Director of Internal Audit

Director of Public Information

Director, Systems Development

Executive Deputy Commissioner

Program Manager (4)

Special Assistant (22)

Special Federal Relations Representative

FINANCIAL SERVICES, Department of

Administrative Assistant (3)

Assistant Chief Investigations (10)

Assistant Counsel (20)

Assistant Deputy Superintendent (27)

Assistant Director Financial Services Frauds Bureau

Assistant Director Internal Audit

Assistant to Superintendent (2)

Associate Counsel (2)

Chief Actuary (6)

Chief Investigations

Confidential Aide (2)

Deputy Counsel (3)

Deputy Superintendent (26)

Deputy Superintendent and Counsel (2)

Deputy Superintendent Public Information

Director Financial Services Programs 3 (75)

Director Financial Services Frauds Bureau

Director Internal Audit (1)

Director Research

Executive Assistant (11)

Investigator 1 (34)

Legislative Coordinator

Senior Deputy Superintendent (3)

Special Assistant (38)

Special Counsel

HEALTH, Department of

Administrative Assistant (6)

Administrative Officer

Assistant Commissioner

Assistant Counsel (19)

Assistant Director of Public Information

Assistant Public Information Officer (9)

Associate Commissioner (5)

Associate Counsel (23)

Associate Counsel (Assigned to the Elderly Pharmaceutical Insurance Coverage Program)

Associate Director

Chief Business Services Officer

Chief Marketing Officer

Chief Procurement Officer

Chief Real Estate Officer

Confidential Aide

Counsel

Deputy Commissioner (4)

Deputy Counsel (4)

Deputy Director (3)

Deputy Director Health Benefit Exchange

Director, Center for Environmental Health

Director Governmental Affairs and Strategic Planning

Director Health Benefit Exchange

Director of Health Systems Management

Director of Internal Audit

Director of Public Health

Director of Public Information

Director Small Business Health Option Program

Division Director, Health Systems Management (1)

Executive Assistant

Executive Director (in the Governor's Health Care Advisory Board)

First Deputy Commissioner

Health Program Director 3 (20)

Hearing Examiner

Investigative Auditor (1)

Investigative Counsel (3)

Investigator 1 (2)

Legislative Coordinator

Research Associate (12)

Secretarial Assistant

Special Assistant (51)

Medicaid Inspector General, Office of the

Administrative Assistant (2)

Assistant Counsel (6)

Assistant Medicaid Inspector General (5)

Associate Counsel (3)

Chief Diversity Officer

Chief Investigations

Counsel

Deputy Counsel

Deputy Medicaid Inspector General (5)

Director Internal Audit

Director of Public Information

Director Office Audit and Quality Control

Executive Assistant

First Deputy Medicaid Inspector General

Health Program Director 3

Legislative Liaison

Medicaid Inspector General

Research Associate

Special Assistant (2)

LABOR, Department of

Administration—General

Administrative Assistant (9)

Assistant Director of Public Information

Assistant Public Information Officer

Associate Commissioner

Associate Counsel

Confidential Aide

Counsel

Deputy Commissioner (6)

Deputy Counsel

Director of Internal Audit

Director Investigations

Director of Public Information

Executive Assistant

Executive Deputy Commissioner

Executive Director (in the Job Training Partnership Council)

Executive Secretary, Unemployment Insurance Appeals Board

Investigative Auditor (2)

Investigator 1

Program Research Specialist 1

Special Assistant (39)

Employment Relations Board, State

Administrative Assistant (2)

Counsel

Industrial Board of Appeals

Administrative Assistant (2)

Deputy Counsel

State Insurance Fund

Administrative Assistant (3)

Assistant Counsel (4)

Assistant Deputy Director (2)

Assistant Manager Information Services (10)

Assistant Public Information Officer

Associate Counsel (2)

Business Marketing Program Coordinator

Chief Actuary (6)

Chief Diversity Officer

Chief Investigations

Deputy Counsel (5)

Deputy Director (4)

Director Investment Services

Director Investigations

Director of Internal Audit

Director of Public Information

Executive Director

General Attorney

Investigator 1 (10)

Legislative Coordinator

Manager Information Services (10)

Medical Director

Special Assistant (16)

Special Investment Officer (46)

State Insurance Fund Actuary

Workers’ Compensation Board

Administrative Assistant (3)

Assistant Counsel

Assistant Director Operations (1)

Assistant Director of Public Information

Assistant Secretary to Chairman (1)

Associate Counsel

Chair, Psychology Practice Committee

Chairman, Chiropractic Practice Committee

Chairman, Podiatry Practice Committee

Confidential Aide

Counsel

Deputy Counsel (2)

Deputy Director

Director of Internal Audit

Director Operations

Director of Public Information

District Administrator (2)

Executive Director

Internal Control Officer

Investigator 1 (2)

Member, Psychology Practice Committee (2)

Members (2), Chiropractic Practice Committee

Members (2), Podiatry Practice Committee

Ombudsman (2)

Secretary to Workers' Compensation Board

Special Assistant (17)

Special Counsel

LAW, Department of

Administrative Assistant (93)

Assistant Attorney General (868)

Assistant Public Information Officer (12)

Confidential File Clerk (3)

Deputy Attorney General (2)

Director of Public Information

Director Systems Development

Executive Assistant (2)

First Assistant Attorney General

Hearing Reporter

Investigator 1 (299)

Legislative Assistant (3)

Research Associate (22)

Solicitor General

Special Assistant (23)

Medicaid Fraud Control Unit

Confidential Legal Assistant

Confidential Systems Analyst (3)

Investigator 1 (25)

Special Assistant Attorney General (15)

Special Auditor Investigator (13)

MENTAL HYGIENE, Department of

Addiction Services and Supports, Office of

Administrative Assistant (2)

Assistant Director Public Information

Assistant Public Information Officer (3)

Associate Commissioner (8)

Associate Counsel (2)

Chief Diversity Officer

Counsel

Deputy Commissioner

Deputy Counsel (2)

Director Audit Services

Director of Public information

Executive Deputy Commissioner

Investigator 1

Legislative Coordinator

Program Manager

Special Assistant (10)

Mental Health, Office of

Administrative Assistant (2)

Assistant Chief Investigations

Assistant Commissioner (5)

Assistant Counsel (7)

Assistant Director Public Information

Associate Counsel (4)

Chief Diversity Officer

Chief Investigations

Chief of Staff

Deputy Commissioner and Counsel

Deputy Commissioner (4)

Deputy Counsel (4)

Director Audit Services

Director Internal Audit

Director Public Information (1)

Executive Deputy Commissioner (1)

Investigator 1 (2)

Legislative Coordinator (2)

Manager Information Services

Special Assistant (6)

People with Developmental Disabilities, Office for

Administrative Assistant (3)

Assistant Chief Investigations (7)

Assistant Counsel (9)

Assistant Public Information Officer (7)

Associate Commissioner (3)

Associate Commissioner for County Services (2)

Associate Counsel (4)

Chief Diversity Officer

Chief Investigations

Client Advocate (13)

Counsel

Deputy Commissioner (8)

Deputy Counsel (2)

Director of Community Planning and Governmental Relations

Director of Internal Audit

Director of Public Information

Executive Director

First Deputy Commissioner

Investigator 1 (6)

Legislative Coordinator

Legislative Liaison

Special Assistant (14)

MOTOR VEHICLES, Department of

Administrative Assistant (3)

Assistant Commissioner (4)

Assistant Director of Public Information

Assistant Public Information Officer (3)

Associate Counsel

Associate Commissioner

Board Member (15)

Deputy Commissioner (6)

Deputy Commissioner and Counsel

Deputy Counsel

Executive Deputy Commissioner

Legislative Liaison

Special Assistant (7)

Supervisor of Special Registrations

PUBLIC SERVICE, Department of

Administrative Assistant (6)

Assistant Counsel (41)

Assistant Manager Information Services

Assistant Program Manager (4)

Assistant Public Information Officer (2)

Associate Counsel (3)

Chief Investigations (1)

Chief of Utility Security

Confidential Aide

Counsel (2)

Deputy Counsel (3)

Deputy Director (10)

Director Investigations (1)

Director of Internal Audit

Director of Public Information

Director of Public Service Programs (11)

Executive Deputy

Executive Deputy Director

Executive Director

Hearing Examiner (18)

Investigator 1 (3)

Manager Information Services (2)

Program Manager (3)

Secretary to the Public Service Commission

Special Assistant (24)

Utility Security Specialist

STATE, Department of

Administrative Assistant (7)

Assistant Program Manager

Assistant Public Information Officer (4)

Associate Counsel (9)

Athletic Activities Assistant (7)

Chief Consumer Protection Board Program (2)

Chief Diversity Officer

Citizen Services Representative (42)

Community Coordinator (3)

Compliance Specialist 1 (1)

Consumer Protection Board Utility Intervenor (2)

Counsel (3)

Counsel (in the State Athletic Commission)

Deputy Counsel (2)

Deputy Secretary of State (4)

Director, Division of Cemeteries

Director of Internal Audit

Director Investigations

Director of Regional Services

Director Public Information

Executive Deputy Director

Executive Deputy Secretary of State

Executive Director (4)

Hearing Examiner (6)

Legislative Coordinator (2)

Legislative Liaison

Program Associate (15)

Program Manager (2)

Special Assistant (42)

Authorities Budget Office

Administrative Assistant

Counsel

Deputy Counsel

Deputy Director (2)

Commission on Ethics and Lobbying in Government

Administrative Assistant (8)

Administrative Officer

Associate Counsel (6)

Compliance Auditor (10)

Counsel

Deputy Counsel (4)

Director of Public Information

Executive Director

Filings Examiner (20)

Hearing Examiner

Investigative Assistant (2)

Investigator 1 (4)

Manager of Training

Program Manager (3)

Special Assistant

Training Associate (5)

TAXATION AND FINANCE, Department of

Administrative Assistant (3)

Assistant Chief Investigations

Assistant Counsel (6)

Assistant Deputy Commissioner (3)

Assistant Public Information Officer (3)

Deputy Commissioner (7)

Deputy Commissioner and Counsel

Deputy Commissioner and Treasurer

Deputy Counsel (2)

Deputy Inspector General

Deputy Treasurer

Director, Internal Audit

Director Investigations (2)

Director of Legislative Affairs

Director of Public Information (2)

District Tax Attorney and Appraiser (12-one per district office)

District Tax Attorney and Appraiser (50 per diem)

Executive Deputy Commissioner

Investigator 1 (10)

Legislative Assistant

Legislative Coordinator

Legislative Liaison

Special Assistant (6)

Special Assistant to the Commissioner for Business

Special Federal Relations Representative

Special Investment Officer (8)

Tax Appeals, Division of

Administrative Assistant (2)

Assistant Counsel (2)

Special Assistant (2)

TRANSPORTATION, Department of

Administrative Assistant

Assistant Commissioner (11)

Assistant Counsel (3)

Assistant Public Information Officer (5)

Confidential Aide (2)

Counsel

Director Equal Opportunity

Director of Public Information

Executive Deputy Commissioner

Hearing Examiner

Investigative Auditor (1)

Legislative Coordinator (2)

Special Assistant (38)

MISCELLANEOUS

ARTS, Council on the

Administrative Assistant

Assistant Public Information Officer

Associate Counsel

Confidential Aide

Deputy Director (3)

Director of Public Information

Executive Assistant

Executive Director

BRIDGE AUTHORITY, New York State

Director of Public Information

FINANCIAL CONTROL BOARD

Administrative Assistant (2)

Administrative Officer

Deputy Director (3)

Executive Deputy Director

Financial Control Board Analyst (15)

HOUSING FINANCE AGENCY, New York State

Administrative Assistant

Assistant Counsel

Assistant Director (4)

Counsel

Deputy Director

Director of Public Information

Executive Director

Special Assistant (6)

LABOR MANAGEMENT COMMITTEES

Administrative Assistant (14)

Assistant Director (3)

Assistant Staff Director

Associate Director

Correction Officer (Employee Assistance Program)

Employee Assistance Program Aide

Employee Assistance Program Assistant Manager

Employee Assistance Program Manager

Employee Assistance Program Representative (12)

Employee Assistance Program Training Specialist

Employee Program Assistant (27)

Employee Program Associate (23)

Employee Program Associate (CSEA)

Employee Program Associate (PEF) (2)

Employee Program Manager (3)

Employee Relations Assistant (5)

Employee Relations Associate (6)

Investigator 1

LAKE GEORGE PARK COMMISSION

Executive Director

LIEUTENANT GOVERNOR, Office of the

Executive Director

Special Assistant (1)

THRUWAY AUTHORITY, New York State

Administrative Assistant (5)

Administrative Assistant to the Chairman

Assistant Counsel (2)

Assistant Public Information Officer (4)

Assistant Secretary to the Thruway Authority Building Superintendent

Chief Diversity Officer

Community Relations Specialist (4)

Counsel

Deputy Director (2)

Director, Canal Recreationway Commission

Director of Internal Audit

Director Operations

Director Policy Analysis and Development

Director of Public Information

Employee Assistance Program Aide

Executive Deputy Director

Executive Director

Investigative Auditor (3)

Investigator 1 (6)

Public Relations Officer

Secretary to the Board

Special Assistant (8)

Canal Corporation, New York State

Assistant Director Public Information

Deputy Director

Director, Canal Recreationway Commission

Director Operations

Executive Director

Special Assistant (3)

COUNTY SERVICE

All unskilled laborers, and such skilled laborers as are not included in the competitive class or the noncompetitive class, which are to be specially designated in the regulations prescribed by the commission.

WESTCHESTER COUNTY

All Departments

Law Student Interns (not to exceed 12 months) (not to exceed a total of 12)

Public Administration Intern (not to exceed one year) (24)

Acquisition and Contract, Board of

Secretary to Board of Acquisition and Contract

Budget, Department of the

Deputy Budget Director (1)

Executive Secretary to the Budget Director

First Deputy Budget Director

Community College

Executive Secretary to President—Community College

Community Mental Health Services, Department of

Deputy Commissioner of Community Mental Health

Executive Secretary to Commissioner of Community Mental Health

Consumer Protection, Department of

Director of Program Development II (Trades Licensing)

Correction, Department of

Deputy Commissioner of Correction (2)

Executive Secretary to Commissioner of Corrections

County Clerk, Office of the

Assistant to the County Clerk

Chief Deputy County Clerk (Legal and Land) (1)

Confidential Secretary to the County Clerk

Deputy County Clerk—Land Records

Deputy County Clerk—Legal

Executive Deputy County Clerk

Mortgage Tax Deputy (2)

Program Administrator (Community Education)

Second Deputy County Clerk (3)

County Executive, Office of the

Assistant Secretary to the County Executive (2)

Assistant to the County Executive I (7)

Assistant to the County Executive II (7)

Assistant to the County Executive III (6)

Assistant to the County Executive IV (5)

Chief Advisor to the County Executive

Chief of Staff—County Executive

Confidential Scheduling Secretary— County Executive

Confidential Secretary to the Chief Advisor—County Executive

Confidential Secretary to the County Executive

Confidential Secretary to the Deputy County Executive

Deputy County Executive

Director of Communications LGBT Community Liaison

Director of Consumer Protection

Director of Economic Development (2)

Director of Intergovernmental Relations— County Executive

Executive Assistant for Office Management—County Executive

Four County Nuclear Safety Coordinator

Legislative Liaison (2)

Research Assistant—County Executive

Senior Assistant to the County Executive I (2)

Senior Assistant to the County Executive II (3)

Senior Assistant to the County Executive III

County Tax Commission, Office of the

Secretary (to Tax Commission)

Tax Commissioner (4)

District Attorney, Office of the

Assistant Criminal Investigator (4)

Assistant District Attorney (62)

Assistant Records Clerk

Assistant Secretary—District Attorney

Chief Administrator—District Attorney

Chief Assistant District Attorney

Chief Criminal Investigator

Chief of Bureau—District Attorney (25)

Confidential Investigator to District Attorney

Confidential Reporter (3)

Confidential Secretary to the District Attorney

Criminal Investigator (27)

Criminal Investigator—Arson

Criminal Investigator—District Attorney (20)

Deputy Chief of Bureau—District Attorney (30)

Deputy Chief Criminal Investigator (3)

Deputy District Attorney (5)

ø Director of Program Development II (Data Analysis – DA) (1)

Director of Public Affairs

First Deputy District Attorney (4)

Junior Assistant District Attorney

Program Administrator (Community Education)

Record Clerk—District Attorney

Second Deputy District Attorney (5)

Senior Assistant District Attorney 3 (20)

Senior Criminal Investigator—District Attorney (6)

Emergency Services, Department of

Deputy Commissioner of Emergency Services (2)

Executive Secretary to the Commissioner of Emergency Services

Environmental Facilities, Department of

Deputy Commissioner of Environmental Facilities

Deputy Commissioner of Solid Waste

First Deputy Commissioner of Environmental Facilities

Executive Secretary to Commissioner — Environmental Facilities

Finance, Department of

Deputy Commissioner of Finance (2)

Executive Secretary to Commissioner of Finance

First Deputy Commissioner of Finance

Health, Department of

Executive Secretary to Commissioner of Health

First Deputy Commissioner of Health

Second Deputy Commissioner of Health— Administration

Human Resources, Department of

Executive Secretary to the Commissioner of Human Resources

Human Rights Commission

Executive Director—Human Rights Commission

Information Technology, Department of

Deputy Chief Information Officer (2)

Executive Secretary to Chief Information Officer

Second Deputy Chief Information Officer

Laboratories and Research, Department of

Executive Secretary to Pathologist—Medical Examiner

Pathologist—Deputy Medical Examiner (2)

Law, Department of

Assistant Chief Deputy County Attorney (4)

Assistant County Attorney (44)

Associate County Attorney (10)

Chief Deputy County Attorney

Coordinator of Legislative Proposals

Deputy County Attorney (8)

Executive Secretary to County Attorney

Junior Assistant County Attorney (3)

Law Clerk (not to exceed 12 months) (4)

Legal Specialist—Construction Law (2)

Senior Assistant County Attorney (22)

Senior Assistant County Attorney (Group of Classes) (18)

Special Assistant to County Attorney

Parks, Recreation and Conservation, Department of

Deputy Commissioner of Parks, Recreation and Conservation (3)

Executive Secretary to Commissioner of Parks, Recreation and Conservation

First Deputy Commissioner—PRC

Planning Department

Deputy Commissioner of Planning (2)

Deputy Commissioner of Planning— Housing and Community Development

Executive Secretary to Commissioner of Planning

Probation, Department of

Executive Secretary to Commissioner of Probation

Public Administrator, Office of the

Public Administrator

Public Safety Services, Department of

Deputy Commissioner of Public Safety Services (2)

Executive Secretary to Commissioner/ Sheriff

Public Works, Department of

Executive Secretary to Commissioner of Public Works

Public Works and Transportation, Department of

First Deputy Commissioner of Public Works and Transportation

Senior Programs and Services, Department of

Executive Secretary to the Commissioner of Senior Programs and Services

Social Services, Department of

Executive Secretary to Commissioner of Social Services

Tax Commission

Executive Director—Tax Commission

Transportation, Department of

Deputy Commissioner of Transportation

Executive Secretary to Commissioner of Transportation

TOWN SERVICE

Laborers in the service of any town under State administration

SPECIAL DISTRICT SERVICE

COOPERATIVE LIBRARY SYSTEMS

Treasurer

4 CRR-NY App. 2 Appendix 2 {#sec-4-crr-ny-app.-2 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY App. 2}

POSITIONS CLASSIFIED IN THE NONCOMPETITIVE CLASS UNDER SECTION 2.2 OF THE RULES FOR THE CLASSIFIED SERVICE

Except for those position titles for which a limited number is specifically prescribed herein, the titles listed in this Appendix shall be deemed to bear the designation “unlimited,” and noncompetitive class appointments may be made to any and all positions classified under such titles in the departments or agencies under which they are listed.

STATE DEPARTMENT SERVICE

ALL STATE DEPARTMENTS

AND AGENCIES

Accountant/Auditor Intern 1

Accountant/Auditor Intern 2

Addictions Counselor Assistant

Addictions Counselor Assistant (Spanish Language)

Addictions Counselor Assistant Trainee

Addictions Counselor Assistant Trainee (Spanish Language)

Artist-Designer 1

Artist-Designer 2

φ Assistant Director, Animal Industry (1)

Assistant Drill Rig Operator

Assistant Research Scientist

Autopsy Aide

Barber

Beautician

Bookbinder

Bridge Painter

Bridge Rigger

Bus Driver

Chaplain

Clinical Physician (part-time)

Construction Equipment Operator

Construction Equipment Operator (Heavy)

Construction Equipment Operator (Light)

Cook

Core Drill Operator

Crane and Shovel Operator

Dental Assistant

Dentist (part-time)

Deckhand Supervisor

Derrick Boat Captain

Derrick Boat Master

Dietitian Technician

Director of Psychiatric Research

Direct Support Aide

Dredge Captain

Dredge Crane Operator

Dredge Operator

Drill Rig Operator

Electrician Apprentice 1

Electrician Apprentice 2

Electrician Apprentice 3

Engineering Support Aide

Exhibits Mechanic

Exterminator

Facilities Operations Aide 1

Facilities Operations Aide 2

Facility Operations Assistant 2

Facility Operations Assistant 2 (Farm)

Facility Operations Assistant 2 (Grounds)

Filter Plant Operator

Folding Machine Operator

Food Service Aide

Graphic Designer 1

Graphic Designer 2

Grounds Construction Supervisor

Head Cook

Head Grounds Supervisor

Head Laundry Supervisor

Highway Equipment Operator

Hospital Attendant 1

Hospital Attendant 2

Housekeeper

Janitor

Laboratory Aide

Laboratory Animal Caretaker

Laboratory Caretaker

Laboratory Equipment Designer

Laboratory Equipment Designer (various specialties)

Laboratory Worker

Launderer

Laundry Supervisor

Legal Aide

Life Guard

Life Guard 2

Maintenance Assistant

Maintenance Assistant (All parenthetics)

Maintenance Supervisor 1

Marine Engineer

Marine Fireman

Meatcutter

Motor Equipment Mechanic Apprentice 1

Motor Equipment Mechanic Apprentice 2

Motor Equipment Mechanic Apprentice 3

Motor Vehicle Operator

Motorized Scow Operator

Nursing Assistant 1

Nursing Assistant 2

Office Aide

Park Ranger

Phlebotomist

Plumber and Steamfitter Foreman

Print Equipment Operator 1

Print Equipment Operator 2

Print Equipment Operator 3

Print Operations Supervisor

Psychiatrist (part-time)

Psychology Intern (not to exceed 18 months)

Radio Engineer

Research Scientist 1

Research Scientist 2

Research Scientist 3

Research Scientist 4

Research Scientist 5

Research Scientist 6

Research Scientist 7

Research Scientist 8

Resident Physician

Senior Filter Plant Operator

Senior Laboratory Equipment Designer

Senior Laboratory Equipment Designer (various specialties)

Senior Launderer

Service and Repair Aide

Service and Repair Assistant (HVAC-R)

Service and Repair Assistant (Motor Equipment)

Service and Repair Mechanic (Auto Body)

Service and Repair Mechanic (HVAC-R)

Service and Repair Mechanic (Laboratory)

Service and Repair Mechanic (Motor Equipment)

Steel Fabricator

Student Assistant

Supervising Beautician

Supervising Housekeeper

Supervisor of Grounds

φ Support Services Assistant (1)

Tandem Tractor-Trailer Operator

Teaching Hospital Surgical Technologist 1

Teaching Hospital Surgical Technologist 2

Tender Captain

Tractor-Trailer Operator

Trades Generalist

Trades Specialist (Carpenter)

Trades Specialist (Electrician)

Trades Specialist (Locksmith)

Trades Specialist (Machinist)

Trades Specialist (Mason and Plasterer)

Trades Specialist (Painter)

Trades Specialist (Plumber and Steamfitter)

Trades Specialist (Roofing)

Trades Specialist (Sheet Metal)

Trades Specialist (Sign Fabrication)

Trades Specialist (Upholstery)

Trades Specialist (Welder)

Trades Supervisor (Carpenter)

Trades Supervisor (Electrician)

Trades Supervisor (Mason and Plasterer)

Trades Supervisor (Painter)

Trades Supervisor (Plumber and Steamfitter)

Trades Supervisor (Sign Fabrication)

Translator (Manual Communications)

Tree Pruner

Tug Captain

Wastewater Treatment Plant Operator 1

Wastewater Treatment Plant Operator 2

Wastewater Treatment Plant Operator 3

X-ray Aide

AGRICULTURE AND MARKETS,

Department of

φ Administrative Assistant 2 (1)

Agency Emergency Management Coordinator (2)

φ Agricultural Policy Analyst (2)

Apiary Inspector

φ Assistant Director Agricultural Development (1)

φ Assistant Director, Animal Industry (1)

φ Assistant Director Land and Water Resources (1)

φ Assistant Director, Plant Industry (1)

Assistant Farm Products Inspector 1

Assistant Farm Products Inspector 2

Assistant Horticultural Inspector 1

Assistant Horticultural Inspector 2

Audio Visual Equipment Technician (1)

φ Director Agricultural Development (1)

φ Director of Animal Industry

φ Director of Dairy Industry Services (1)

Director of Food Laboratory (1)

φ Director Food Safety and Inspection (1)

Director Land and Water Resources (1)

φ Director Plant Industry (1)

φ Director, Weights and Measures (1)

Farm Products Inspector 1

Farm Products Inspector 2

Farm Products Inspector 3

Food Inspector 1 (Compliance) (2)

Food Laboratory Scientist (1)

Food Laboratory Scientist (Seed) (1)

Horticultural Inspector 2 (Apiculture) (1)

Horticultural Inspector 2 (Biotechnology) (1)

Horticultural Inspector 2 (Industrial Hemp) (1)

Horticultural Inspector 2 (Invasive Species) (1)

Horticultural Inspector 2 (Plant Pest Survey) (1)

Horticultural Inspector 3 (Industrial Hemp) (1)

Migrant Labor Program Coordinator (1)

Public Information Specialist 1 (Digital Content) (2)

Public Information Specialist 2 (Digital Content) (2)

φ Sales and Sponsorships Manager (1)

AUDIT AND CONTROL, Department of

Administrative Assistant 2 (2)

φ Administrative Assistant 2 (20)

φ Chief Information Officer (1)

Data Analyst 1 (10)

Data Analyst 2 (5)

Data Analyst 3 (2)

Data Analyst 4 (1)

Equal Opportunity Specialist 1 (2)

Equal Opportunity Specialist 2 (1)

Information Systems Auditors 1 (32)

Information Systems Auditors 2 (10)

Information Systems Auditors 3 (4)

Information Technology Specialist 2 (Information Security) (10)

Information Technology Specialist 3 (Information Security) (7)

Information Technology Specialist 4 (Information Security) (4)

Manager Information Technology Services 1 (Information Security) (2)

Manager Information Technology Services 2 (Information Security) (1)

Public Information Manager (Digital Content) (2)

Public Information Specialist 1 (Digital Content) (20)

Public Information Specialist 2 (Digital Content) (13)

Public Information Specialist 3 (Digital Content) (6)

Senior Attorney (4)

φ Supervising Attorney (1)

CIVIL SERVICE, Department of

Administrative Assistant 1 (Spanish Language) (1)

Administrative Assistant (2)

φ Administrative Assistant (2)

Administrative Assistant 2 (2)

φ Administrative Assistant 2 (3)

φ Administrator, Employee Health Services (1)

Assistant Director Strategic Planning & Innovation (1)

φ Chief Information Security Officer (1)

Commission Operations Analyst 1 (Civil Service) (2)

Commission Operations Analyst 2 (Civil Service) (1)

Commission Operations Analyst 3 (Civil Service) (1)

Communications Manager (NYSHIP) (1)

Coordinator Testing Support (1)

Data Analyst 1 (2)

Data Analyst 2 (1)

Data Analyst 3 (1)

Data Analyst 4 (1)

Director Communications (1)

Director Division Testing Services (1)

φ Director of Employee Benefits (1)

φ Director, Health Services Medical Service (1)

Director Strategic Planning and Management (1)

Equal Opportunity Specialist 2 (1)

Human Resources Specialist 5 (Psychometrician) (1)

Information Technology Specialist 2 (Information Security) (2)

Information Technology Specialist 3 (Information Security) (2)

Information Technology Specialist 4 (Information Security) (2)

Manager Diversity and Inclusion (1)

Manager Information Technology Services 1 (Information Security) (1)

Manager Information Technology Services 2 (Information Security) (1)

Manager Testing Services (Psychometrician) (1)

Program Aide (2)

φ Program Outreach Specialist 1 (1)

Public Information Specialist 1 (Digital Content) (5)

Public Information Specialist 2 (Digital Content) (2)

Stores and Mail Operations Supervisor (1)

Public Employment Relations Board

φ Administrative Assistant 2 (1)

φ Assistant Trial Examiner 1

φ Assistant Trial Examiner 2

φ Assistant Trial Examiner 3

φ Associate Trial Examiner

Practices and Representation (1)

φ Public Employment Conciliation Assistant 2 (2)

φ Senior Trial Examiner

CORRECTIONS AND COMMUNITY SUPERVISION, Department of

φ Administrative Assistant 2 (2)

Alcohol Substance Abuse Treatment Program Assistant Trainee (5)

φ Assistant Counsel (10)

φ Assistant Deputy Director Parole Operations (2)

φ Assistant Deputy Superintendent

φ Assistant Director Correctional Dental Services (1)

Assistant Director Ministerial Services (1)

φ Assistant Director of Crisis Intervention Program (1)

Assistant Parole Services Program Specialist (18)

φ Assistant Regional Director Parole Operations (7)

φ Assistant to Director Parole Operations (1)

Associate Counsel (1)

Associate Psychologist (7)

Clinical Physician 1

Clinical Physician 2

Clinical Physician 3 (various locations) (5)

Coordinator Cultural and Language Access Services (1)

Correctional Facility Nursing Director (2)

φ Correctional Facility Operations Specialist (7)

Correctional Industries Marketing Specialist 1 (2)

Correctional Industries Marketing Specialist 2 (1)

Correctional Services Guidance Specialist (Veterans Services) (1)

φ Deputy Superintendent for Administrative Services 2

φ Deputy Superintendent for Administrative Services 3

φ Deputy Superintendent for Program Services 2

φ Deputy Superintendent for Program Services 3

φ Deputy Superintendent for Reception and Classification 3

φ Deputy Superintendent for Security Services 2

φ Deputy Superintendent for Security Services 3

φ Deputy Superintendent of Correctional Health Care Facility 1

φ Deputy Superintendent of Correctional Health Care Facility 2 (6)

φ Deputy Superintendent of Correctional Mental Health Care Facility (6)

φ Director Correctional Dental Services (1)

φ Director Incarcerated Grievance Program (1)

φ Director of CERT Operations (1)

φ Director of Correctional Education Programs (1)

φ Director of Correctional Industries and Industrial Training (1)

φ Director of Correctional Services Facilities Planning and Development (1)

φ Director of Crisis Intervention Program (1)

φ Director Ministerial, Family and Volunteer Services (1)

φ Director Prison Rape Elimination Act Compliance (1)

φ Director of Special Housing and Incarcerated Disciplinary Procedures Program (1)

Equal Opportunity Specialist 1 (2)

Equal Opportunity Specialist 2 (2)

Equal Opportunity Specialist 3 (2)

Equal Opportunity Specialist 4 (1)

φ Extradition Specialist (1)

φ First Deputy Superintendent of Correctional Facility

General Mechanic (Trades Training Program)

φ Hearing Officer 1 (Incarcerated Discipline) (22)

φ Hearing Officer 3 (Incarcerated Discipline) (2)

Industrial Quality Control Analyst (1)

Library Technical Assistant (5)

Ministerial Program Coordinator (4)

Minority Business Specialist 1 (3)

Multimedia Production Technician (1)

φ Parole Services Program Specialist (8)

Plumber and Steamfitter (Trades Training Program)

φ Regional Director Parole Operations (7)

φ Senior Correctional Services Employee Investigator (25)

Senior Meat Cutter

Service and Repair Mechanic (Corcraft)

φ Superintendent of Correctional Facility

φ Supervising Parole Officer (1)

φ Supervising Regional Director (1)

Supervisor of Correctional Industries Purchasing (1)

Supervisor of Installation and Repair (1)

Teacher 1, 2, 3 and 4 (Evening Positions)

Translator

Vocational Instructor 1, 2, 3 and 4 (Evening Positions)

Parole, State Board of

φ Assistant Counsel (8)

Hearing Officer 1 (Parole Revocation)

Hearing Officer 2 (Parole Revocation) (4)

φ Hearing Officer 3 (Parole Revocation) (1)

Preliminary Hearing Officer (Parole Revocation) (9)

ECONOMIC DEVELOPMENT, Department of

Administrative Assistant 1 (1)

φ Administrative Assistant 1 (1)

Administrative Assistant 2 (2)

φ Administrative Assistant 2 (1)

Associate Agency Services Analyst (10)

Associate Certification Analyst (9)

Commerce Policy Analyst 1 (9)

Commerce Policy Analyst 2 (3)

Economic Development Program Specialist 2 (1)

Hearing Officer 1 (Minority and Women's Business) (1)

Industrial Development Representative (International) (2)

Minority Business Development Specialist 2 (1)

Minority Business Development Specialist 4 (4)

Minority Business Information Specialist 3 (1)

Multimedia Production Representative 1 (2)

Multimedia Production Representative 2 (2)

Multimedia Production Representative 3 (1)

Office Assistant 2 (Keyboarding) (3)

Public Information Specialist 1 (1)

Public Information Specialist 1 (Digital Content) (1)

Senior Agency Services Analyst (11)

Senior Certification Analyst (31)

EDUCATION DEPARTMENT

φ Administration Specialist 2 (2)

φ Administrative Assistant 2 (6)

φ Affirmative Action Administrator 4 (1)

Building Superintendent

φ Chief Information Officer (1)

φ Chief Information Security Officer (1)

φ Chief Scientist (Geology) (1)

φ Confidential Aide (1)

φ Coordinator of Native American Education Programs (1)

Data Analyst 1 (4)

Data Analyst 2 (4)

Data Analyst 3 (5)

Data Analyst 4 (1)

φ Director, Charter Schools (1)

φ Director, Division of Investigation (1)

φ Director Museum Exhibits (1)

φ Director Professional Licensing (1)

φ Director, Research and Collections Division (1)

Education Aide (part-time) (5)

φ Education Program Manager 2 (3)

φ Education Program Manager 2 (Testing) (2)

Equal Opportunity Specialist 1 (2)

Equal Opportunity Specialist 2 (1)

Equal Opportunity Specialist 4 (1)

Information Technology Specialist 2 (Information Security) (2)

Information Technology Specialist 3 (Information Security) (1)

Investigative Specialist 1

Investigative Specialist 2 (Professional Conduct)

Investigative Specialist 4 (Professional Conduct)

Library Development Manager (1)

Library Technical Assistant (5)

Minority Business Specialist 1 (1)

Minority Business Specialist 2 (1)

Positions at various levels with various parenthetics in the following series:

Museum Exhibit Assistant

Museum Exhibit Designer

Museum Exhibit Planner

Museum Exhibit Specialist

Museum Exhibit Technician

Museum Scientist 1 (10)

Museum Scientist 2 (22)

Museum Scientist 3 (10)

Museum Scientist 4 (11)

Museum Scientist 5 (7)

φ Museum Scientist 6 (1)

Print Operations Manager (1)

Program Research Specialist 1 (1)

φ Psychometrician 2 (1)

φ Psychometrician 1 (4)

Research and Collections Technician

Test Distribution Center Supervisor (1)

Visitor Services Assistant 1

Visitor Services Assistant 2 (2)

New York State Higher Education Services Corporation

φ Administrative Assistant 2 (1)

Data Analyst 1 (2)

Data Analyst 2 (2)

Data Analyst 3 (1)

Higher Education Services Program Manager 1 (1)

Public Information Assistant (Digital Content) (1)

Public Information Manager (Digital Content) (1)

Public Information Specialist 1 (Digital Content) (2)

Public Information Specialist 2 (Digital Content) (2)

Public Information Specialist 3 (Digital Content) (1)

Student Loan Control Representative 1 (15)

State School for the Blind at Batavia

Braille Assistant

Child Care Aide 1

Child Care Aide 2

Head Cook and Housekeeper (1)

State School for the Deaf at Rome

Child Care Aide 1

Child Care Aide 1 (Manual Communications)

Child Care Aide 2

Head Cook and Housekeeper (1)

State University of New York

Central Administration

φ Administrative Assistant 1 (1)

φ Administrative Assistant 2 (13)

Constituent Units

Artist's Model (part-time)

Dental Technician

Dispatcher

Grounds Construction Foreman

SUNY at Albany

Administrative Assistant 1 (French Language) (1)

Administrative Assistant 1 (Russian Language) (1)

Administrative Assistant 1 (Spanish Language) (1)

φ Administrative Assistant 2 (7)

SUNY at Binghamton

Administrative Assistant 1 (French Language) (1)

φ Administrative Assistant 2 (7)

SUNY at Buffalo

φ Administrative Assistant 1 (1)

Administrative Assistant 2 (2)

φ Administrative Assistant 2 (1)

Teaching Hospital Sterile Supply Technician 1

SUNY at Stony Brook

Horticultural Technician 1 (2)

Nursing Assistant (Certified)

Recycling Specialist (6)

Recycling Supervisor (1)

φ Secretary 1 (1)

Teaching Hospital Sterile Supply Technician 1

Teaching Hospital Sterile Supply Technician 2

Therapy Aide (Physical)

SUNY College of Environmental Science and Forestry

φ Administrative Assistant 2 (3)

Maintenance Supervisor 2

Park Worker 3

State University Agricultural and Technical Colleges

φ Administrative Assistant 2 (1) at Canton

φ Administrative Assistant 2 (2) at Cobleskill

φ Administrative Assistant 2 (4) at Delhi

φ Administrative Assistant 2 (1) at Farmingdale

Guide (part-time)

State University Colleges

φ Administrative Assistant 1 (Spanish Speaking) (1) at Empire State College

φ Administrative Assistant 1 (1) at SUC at New Paltz

Administrative Assistant 2 (1) at Empire State College

φ Administrative Assistant 2 (4) at Empire State College

φ Administrative Assistant 2 (4) at SUC at Brockport

φ Administrative Assistant 2 (4) at SUC at Buffalo

φ Administrative Assistant 2 (1) at SUC at Cortland

φ Administrative Assistant 2 (4) at SUC at Geneseo

φ Administrative Assistant 2 (4) at SUC at New Paltz

φ Administrative Assistant 2 (1) at SUC at Old Westbury

φ Administrative Assistant 2 (3) at SUC at Oneonta

φ Administrative Assistant 2 (7) at SUC at Oswego

φ Administrative Assistant 2 (4) at SUC at Plattsburgh

Administrative Assistant 2 (1) at SUC at Plattsburgh

φ Administrative Assistant 2 (1) at SUC at Potsdam

φ Administrative Assistant 2 (2) at SUC at Purchase

φ Administrative Assistant 2 (4) at SUC at Utica/Rome

Educational Television Technician (1)

Horticultural Technician 1 (1) at SUC at Brockport

Teacher Aide (part-time)

SUNY Health Science Center at Brooklyn

Senior Operating Room Technician

Teaching Hospital Sterile Supply Technician 1

Teaching Hospital Sterile Supply Technician 2

Therapy Aide (Physical)

SUNY Health Science Center at Syracuse

Nursing Assistant (Certified)

Senior Operating Room Technician (15)

Teaching Hospital Sterile Supply Technician 1

Teaching Hospital Sterile Supply Technician 2

State University Maritime College

φ Administrative Assistant 2 (1)

ENVIRONMENTAL CONSERVATION, Department of

Administrative Assistant 1 (until first vacated) (2)

φ Administrative Assistant 2 (11)

φ Administrative Assistant 2 (1) (New York City only)

Assistant Chief Lifeguard

φ Assistant Counsel (3)

Assistant Regional Director Environmental Conservation (9)

φ Associate Counsel (9)

Captain, Fisheries Research Vessel

Chief Lifeguard

φ Climate Policy Analyst 4 (1)

Communications Equipment Specialist

Communications Operator (seasonal)

Compliance Specialist 1 (2)

Compliance Specialist 2 (2)

Conservation Operations Supervisor 1 (until first vacated) (4)

Conservation Recreation Facilities Supervisor 1

Conservation Recreation Facilities Supervisor 2

Conservation Recreation Facilities Supervisor 3

Conservation Security Worker

Director Climate Policy Analysis (1)

φ Director Division Law Enforcement (1)

φ Director Division of Marine Resources (1)

φ Director Division of Mineral Resources (1)

φ Director Division Operations (1)

φ Director Environmental Permits (1)

φ Director Forest Ranger Services (1)

Environmental Education Assistant

Environmental Engineering Technician 1 (1) (until first vacated)

Environmental Engineering Technician 2 (1) (until first vacated)

Environmental Impact Examiner

φ Environmental Program Director

Equal Opportunity Specialist 1 (2)

Equal Opportunity Specialist 4 (1)

Fish & Wildlife Technician 1 (31) (until first vacated)

Forestry Technician 1 (6) (until first vacated)

φ Great Lakes Program Coordinator (1)

Junior Superintendent Construction (1)

Maintenance Supervisor 1 (Marine Equipment) (1)

Maintenance Supervisor 1 Fish Hatchery (2)

Minority Business Specialist 1 (2)

Minority Business Specialist 2 (1)

Office Assistant 1 (until first vacated) (5)

Office Assistant 2 (until first vacated) (1)

Park Worker 3

Public Information Assistant (Digital Content) (3)

Public Information Specialist 1 (Digital Content) (8)

Public Information Specialist 2 (Digital Content) (4)

Radio Engineering Manager (1)

φ Regional Director of Environmental Conservation

Senior Love Canal Treatment Facility Operator (1)

φ Supervising Environmental Impact Examiner (1)

Water Safety Instruction Supervisor 2 (1)

EXECUTIVE DEPARTMENT

Governor, Office of the

φ Administrative Assistant 2 (1)

Adirondack Park Agency

φ Administrative Officer 1

φ Assistant Director of Adirondack Park Planning (1)

Associate Adirondack Park Project Analyst (Forest Resources) (1)

φ Associate Counsel (1)

Principal Adirondack Park Local Planning Assistance Specialist (1)

Professional Engineer 2 (Civil/Environmental) (1)

φ Special Assistant for Economic Affairs (1)

Aging, Office for the

φ Administrative Assistant 2 (1)

Advocacy Specialist 3 (1)

Aging Services Representative (3)

Aging Services Representative (Spanish Language) (1)

φ Assistant Director Office Aging Programs (1)

φ Director, Long Term Care Advocacy (1)

Alcoholic Beverage Control, Division of

φ Administrative Assistant 1 (2)

φ Administrative Assistant 2 (2)

φ Associate Counsel (7)

Data Analyst 1 (1)

Data Analyst 2 (1)

Budget, Division of the

φ Associate Fiscal Policy Analyst (6)

Budget Fellow (67)

φ Chief Budget Examiner (12)

φ Coordinator of Federal Relations (1)

φ Data Analyst 1 (6)

φ Data Analyst 2 (6)

φ Data Analyst 3 (2)

φ Data Analyst 4 (1)

φ Fiscal Policy Analyst (4)

φ Office Assistant 1 (Stores/Mail) (4)

φ Office Assistant 2 (Stores/Mail) (2)

φ Principal Fiscal Policy Analyst (3)

φ Senior Fiscal Policy Analyst (8)

φ Stores and Mail Operations Supervisor (2)

Cannabis Management, Office of

Compliance Specialist 1 (2)

Program Analyst 1 (Cannabis)

Program Analyst 2 (Cannabis)

Program Analyst 3 (Cannabis)

Public Information Specialist 1 (Digital Content) (1)

Correction, Commission of

Administrative Assistant 2 (1)

Assistant Director Operations (1)

Director Operations (1)

Criminal Justice Services, Division of

φ Administrative Assistant 2 (2)

Advocacy Specialist 3 (1)

φ Associate Counsel (1)

Coordinator Safety and Security Services (1)

Crime Analysis Coordinator (4)

Crime Analyst 1 (82)

Crime Analyst 2 (37)

Crime Analyst 3 (10)

Criminal Justice Policy Analyst 2 (4)

Criminal Justice Policy Analyst 3 (1)

φ Director of Criminal Justice Records (1)

φ Director of Forensic Services (1)

φ Director of Identification Operations (1)

Equal Opportunity Specialist 1 (1)

Equal Opportunity Specialist 2 (2)

Equal Opportunity Specialist 3 (1)

Highway Safety Equipment Technician 1

Highway Safety Equipment Technician 2 (5)

Highway Safety Equipment Technical Supervisor (2)

Information Systems Auditor 1 (1)

Laboratory Accreditation Specialist 1 (3)

Laboratory Accreditation Specialist 2 (1)

Laboratory Accreditation Specialist 3 (1)

φ Latent Print Laboratory Director (1)

Multimedia Production Program Specialist 1 (2)

Multimedia Production Program Specialist 2 (3)

Public Information Specialist 1 (Digital Content) (1)

Public Information Specialist 2 (Digital Content) (1)

Public Safety Program Specialist 1

Public Safety Program Specialist 1 (Missing Persons)

Public Safety Program Specialist 2

Public Safety Program Specialist 2 (Missing Persons)

Public Safety Program Specialist 3

Public Safety Program Specialist 3 (Missing Persons)

Public Safety Training Manager (3)

φ Social Work Supervisor (LCSW) (1)

Supervisor Forensic Services (DNA) (1)

Elections, State Board of

φ Information Technology Specialist 3 (Information Security) (2)

Employee Relations, Office of

φ Administrative Assistant 1

φ Administrative Assistant 2

Affirmative Action Administrator 2 (1)

φ Equal Opportunity Specialist 1 (Compliance)

φ Equal Opportunity Specialist 2 (Compliance)

φ Equal Opportunity Specialist 3 (Compliance)

Gaming Commission

φ Assistant Counsel (3)

Assistant to Racing Steward (6)

φ Chief Information Security Officer (1)

φ Chief Veterinarian (1)

Equal Opportunity Specialist 1 (1)

Equal Opportunity Specialist 3 (1)

Games Chance Equipment Specialist (1)

Gaming Operations Inspector

Inspector

φ Investigative Officer 1 (10)

Lottery Advertising Supervisor (Digital) (1)

Lottery Drawing Assistant (9)

φ Manager of Lottery Drawings (1)

Minority Business Specialist 1 (1)

Minority Business Specialist 2 (1)

Racing Inspector (84)

Senior Gaming Operations Inspector

Supervising Gaming Operations Inspector

Supervising Inspector Harness Racing (8)

General Services, Office of

φ Administrative Assistant 2 (3)

Assistant Coordinator Recycling Programs (1)

φ Assistant Director, Energy Planning and Procurement (1)

Building Construction Program Manager 2 (Scheduling) (6)

Building Construction Program Manager 3 (Scheduling) (2)

Building Construction Program Manager 4 (Scheduling) (1)

Building Restoration Specialist (1)

φ Capitol Restoration Coordinator (1)

Casualty Insurance Analyst 1 (8)

Casualty Insurance Analyst 2 (3)

Casualty Insurance Analyst 3 (1)

Compliance Specialist 1 (9)

Compliance Specialist 2 (5)

Compliance Specialist 3 (1)

Conservator (1)

Contract Management Specialist 1 (Market Analysis) (4)

Contract Management Specialist 2 (Market Analysis) (14)

Convention and Arts Center Lighting and Sound Supervisor (1)

Convention and Tourism Promotion Assistant

Convention and Tourism Promotion Specialist 1

Convention and Tourism Promotion Specialist 2

Convention and Tourism Promotion Specialist 3 (1)

Coordinator Cultural and Language Access Services (1)

Curatorial and Visitor Services Specialist 1

Curatorial and Visitor Services Specialist 2 (2)

Curatorial and Visitor Services Specialist 3 (2)

Data Analyst 1

Data Analyst 2

Data Analyst 3

Data Analyst 4 (1)

φ Deputy Chief Procurement Officer (1)

Design & Construction Manager 1 (1)

Design & Construction Manager 1 (Contracts) (1)

φ Design & Construction Manager 2 (1)

φ Design & Construction Manager 2 (Contracts) (1)

φ Director, Convention and Cultural Events Office (1)

φ Director Curatorial and Visitor Services (1)

φ Director Division Construction Supervision (1)

φ Director Division Cost Management (1)

φ Director Division Design (1)

φ Director, Energy Planning and Procurement (1)

φ Director, Real Estate Planning and Development (1)

Empire Fellow (230) (temporary 24 month period)

Equal Opportunity Specialist 1 (2)

Equal Opportunity Specialist 2 (2)

Facility Operations Assistant 2

φ General Services Curatorial and Tour Services Director (1)

Historic Conservation Technician 2 (1)

Junior Superintendent of Construction

Manager Curatorial and Visitor Services (1)

Metropolitan Regional Real Estate Coordinator (1)

Minority Business Enterprise Liaison Specialist 4 (1)

Minority Business Specialist 2 (1)

Multimedia Production Representative 1

Multimedia Production Representative 2 (29)

Multimedia Production Representative 3 (5)

Multimedia Production Technician

Print Operations Manager (1)

Public Information Assistant (Digital Content)

Public Information Manager (Digital Content) (5)

Public Information Specialist 1 (Digital Content)

Public Information Specialist 2 (Digital Content)

Public Information Specialist 3 (Digital Content) (5)

φ Statewide Travel Coordinator (1)

Visitor Services Assistant 1

Visitor Services Assistant 2 (2)

Homeland Security and Emergency Services, Division of

Administrative Specialist 1 (5)

Administrative Specialist 2 (5)

φ Assistant Director Office of Interoperable and Emergency Communications (1)

Critical Infrastructure Analyst 1

Critical Infrastructure Analyst 2

Data Analyst 1 (5)

Data Analyst 2 (3)

Data Analyst 3 (1)

DHSES Logistics Manager (1)

DHSES Logistics Specialist (6)

DHSES Logistics Supervisor (3)

DHSES Program Manager (10)

DHSES Training Extra

Director Disaster Recovery Programs (1)

Equal Opportunity Specialist 1 (2)

Equal Opportunity Specialist 2 (1)

Homeland Security Program Analyst 2

Homeland Security Program Analyst 3

Information Security Manager (2)

Information Technology Specialist 2 (Information Security)

Information Technology Specialist 3 (Information Security)

Information Technology Specialist 4 (Information Security)

Intelligence Analyst 1

Intelligence Analyst 1 (Information Systems) (4)

Intelligence Analyst 2

Intelligence Analyst 2 (Information Systems) (2)

Manager Information Technology Services 2 (Information Security) (7)

Radio Engineering Manager (3)

Housing and Community Renewal, Division of

φ Administrative Assistant 2 (4)

φ Administrative Specialist 1 (2)

φ Associate Counsel (3)

Compliance Specialist 1 (2)

φ Director, Community Development (1)

φ Minority Business Specialist 2 (1)

Office Assistant 1 (43)

Office Assistant 1 (Keyboarding) (89)

Office Assistant 1 (Stores/Mail) (7)

Office Assistant 2 (32)

Office Assistant 2 (Calculations) (10)

Office Assistant 2 (Keyboarding) (27)

Office Assistant 2 (Stores/Mail) (2)

Professional Engineer 1 (Mechanical) (2)

Program Aide (4)

Program Research Specialist 1 (5)

Program Research Specialist 2 (5)

Project Manager 2 (2)

Public Information Specialist 1 (2)

Rent Examiner 1 (62)

Rent Examiner 2 (202)

Rent Examiner 2 (Spanish Language) (3)

Rental Housing Inspector 1 (14)

Rental Housing Inspector 1 (Spanish Language) (3)

φ Supervising Attorney (1)

Human Rights, Division of

φ Administrative Assistant 2 (2)

φ Associate Counsel (1)

Data Analyst 1 (2)

Data Analyst 2 (1)

Equal Opportunity Specialist 1 (2)

Equal Opportunity Specialist 2 (1)

Hearing Officer 1 (Human Rights) (17)

Hearing Officer 2 (Human Rights) (3)

φ Hearing Officer 3 (Human Rights) (1)

Human Rights Specialist 1 (13)

φ Human Rights Specialist 2 (1)

φ Human Rights Specialist 3 (13)

Program Outreach Specialist 1 (6)

Information Technology Services, Office of

φ Administrative Assistant 2 (4)

Agency Emergency Management Coordinator (ITS) (1)

Agency Emergency Management Supervisor (ITS) (1)

Assistant Director Information Technology Technical Services 1 (1)

φ Associate Counsel (1)

Business Relationship Manager 1 (4)

Business Relationship Manager 2 (3)

φ Chief Information Security Officer (1)

Data Analyst 1

Data Analyst 2

Data Analyst 3

φ Data Analyst 4 (1)

φ Deputy Director DDSO 2 (1)

φ Director Information Technology Services 3 (1)

Equal Opportunity Specialist 1 (5)

Equal Opportunity Specialist 2 (2)

Equal Opportunity Specialist 3 (1)

Equal Opportunity Specialist 4 (1)

Information Security Manager (11)

Information Systems Auditor 1 (ITS) (10)

Information Systems Auditor 2 (ITS) (5)

Information Systems Auditor 3 (ITS) (2)

Information Technology Architect 1 (27)

Information Technology Architect 2 (9)

φ Information Technology Architect 3 (3)

Information Technology Specialist 1 (Programming) (1)

Information Technology Specialist 2 (Information Security)

Information Technology Specialist 3 (Information Security)

Information Technology Specialist 4 (Information Security)

Manager Information Technology Services 1 (Information Security)

Manager Information Technology Services 2 (Information Security)

Public Information Specialist 1 (Digital Content) (1)

Justice Center for the Protection of People with Special Needs

Advocacy Specialist 2

Advocacy Specialist 3

φ Advocacy Specialist 4

φ Advocacy Specialist 5

φ Assistant Director Vulnerable Persons Central Register (1)

Data Analyst 1 (4)

Data Analyst 2 (4)

Data Analyst 3 (2)

Data Analyst 4 (1)

φ Director Vulnerable Persons Central Register (1)

Equal Opportunity Specialist 2 (1)

φ Internal Investigator 1 (Justice Center) (118)

φ Internal Investigator 2 (Justice Center) (73)

φ Policy Analysis and Development Specialist 3 (1)

Quality Care Facility Review Specialist 1

Quality Care Facility Review Specialist 2

φ Quality Care Facility Review Specialist 3

φ Quality Care Facility Review Specialist 4

Quality Care Program Cost Analyst 1

Quality Care Program Cost Analyst 2

φ Quality Care Program Cost Analyst 3

φ Quality Care Program Cost Analyst 4

Quality of Care Facility Review Specialist 1 (Nursing)

Quality of Care Facility Review Specialist 2 (Nursing)

φ Supervising Investigator 1 (Justice Center) (39)

Parks, Recreation and Historic Preservation,

Office of

φ Administrative Assistant 1 (1)

φ Administrative Assistant 2 (8)

Assistant Chief Lifeguard

Assistant Coordinator of Long Island Lifeguard Operations

Assistant Director, Bayard Cutting Arboretum (1)

Assistant Golf Course Superintendent (5)

Assistant Park Recreation Activities Specialist (2)

Assistant Park Recreation Supervisor (27)

φ Associate Counsel (2)

Building Restoration Specialist (4)

Chief Lifeguard

Communications Technician 1 (until first vacated) (2)

Compliance Specialist 1 (1)

Conservator

Coordinator of Long Island Lifeguard Operations (1)

Data Analyst 1 (4)

Data Analyst 2 (2)

Director, Bayard Cutting Arboretum (1)

φ Director, National Purple Heart Hall of Honor (1)

φ Director Park Police (1)

Director Water Safety (1)

Environmental Education Assistant

Equal Opportunity Specialist 1 (2)

Equal Opportunity Specialist 2 (1)

Equal Opportunity Specialist 3 (1)

Field Captain of L.I.S.P.C. Lifeguards

Field Lieutenant of L.I.S.P.C. Lifeguards

Golf Course Superintendent 1 (8)

Golf Course Superintendent 2 (6)

Grants In Aid Program Assistant 1 (2)

Historic Conservation Technician 2

φ Historic Site Manager A (Ganondagan) (1)

Horticultural Technician 1

Interpretive Program Assistant (1)

Lifeguard 1 (L.I.S.P.C.)

Lifeguard 2 (L.I.S.P.C.)

Minority Business Specialist 1 (1)

Minority Business Specialist 2 (1)

φ Park Director 1 (2)

φ Park Director 1 (Environmental) (1)

φ Park Director 1 (Water Safety) (1)

φ Park Director 2 (3)

φ Park Director 2 (Arboretum) (1)

φ Park Director 3 (3)

φ Park Director 4 (2)

φ Park Director 5 (1)

φ Park Manager 2 (1)

φ Park Manager 3 (1)

φ Park Manager 3 Arboretum (1)

Park Ranger 2

Park Recreation Activities Specialist (28)

Park Recreation Supervisor (39)

Park Worker 1

Park Worker 2

Park Worker 3

φ Parks and Recreation Community Relations Representative (2)

φ Physical Plant Manager (2)

Positions at various levels with various parenthetics in the following series:

Museum Exhibit Assistant

Museum Exhibit Designer

Museum Exhibit Planner

Museum Exhibit Specialist

Museum Exhibit Technician

Public Information Specialist 1 (Digital Content) (2)

Public Information Specialist 2 (Digital Content) (2)

Public Information Specialist 3 (Digital Content) (1)

Recreation Complex Manager 1 (10)

Recreation Complex Manager 2 (5)

φ Regional Director Parks and Recreation 1 (6)

φ Regional Director Parks and Recreation 2 (3)

φ Regional Director Parks and Recreation 3 (1)

Research and Collections Technician (4)

φ Resource Development Manager (1)

Scaler

Scientist Archeology (6)

Supervising Lifeguard (L.I.S.P.C.)

Supervising Museum Exhibits Specialist (1)

Supervisor of Trailsides Museum and Zoo (1)

Water Safety and Instruction Supervisor 1 (8)

Prevention of Domestic Violence, Office for the

φ Administrative Assistant 2 (1)

Gender Violence Prevention Administrator (5)

Gender Violence Prevention Specialist 1 (14)

Gender Violence Prevention Specialist 2 (12)

Public Information Specialist 1 (Digital Content) (2)

Public Service, Department of

Commission Operations Analyst 3 (Public Service) (1)

φ Secretarial Stenographer

Statewide Financial System

φ Chief Information Security Officer (1)

Veterans’ Services, Department of

Coordinator, Cultural and Language Access Services (1)

Victim Services, Office of

φ Administrative Assistant 2 (2)

Public Information Specialist 1 (Digital Content) (1)

FAMILY ASSISTANCE, Department of

Children and Family Services, Office of

φ Administrative Assistant 2 (6)

Advocacy Specialist 2 (3)

Advocacy Specialist 3 (1)

Agency Emergency Management Coordinator (1)

Assistant Counsel (1)

φ Associate Counsel (1)

Call Center Director (1)

φ Chief Information Security Officer (1)

φ Chief Medical Services (Youth) (1)

Child Abuse Prevention Specialist 1

Child Abuse Prevention Specialist 2

φ Child Abuse Prevention Specialist 3 (2)

Child Protective Service Specialist Trainee (50)

φ Children and Family Services Ministerial Program Coordinator (1)

Data Analyst 1 (2)

Data Analyst 2 (2)

Data Analyst 3 (1)

φ Director, Local District Liaison (1)

Equal Opportunity Specialist 4 (1)

φ Facilities Manager (4)

Housing Services Program Analyst (1)

Internal Investigator 1 (OCFS) (9)

Internal Investigator 2 (OCFS) (2)

Medicaid Hearing Examiner 1 (3)

φ Native American Affairs Specialist (1)

Peer Specialist (Youth Services) (11)

Policy Analyst 1 Youth Services (8)

Policy Analyst 2 Youth Services (4)

Policy Analyst 3 Youth Services (2)

Program Aide (1)

Program Aide (Native American) (1)

Program Research Specialist 1 (1)

Public Information Specialist 1 (Digital Content) (2)

φ Supervising Attorney (1)

φ Youth Facility Assistant Director 1

φ Youth Facility Assistant Director 2

φ Youth Facility Assistant Director 3

φ Youth Facility Assistant Director 4

φ Youth Facility Director 1

φ Youth Facility Director 2

φ Youth Facility Director 3

φ Youth Facility Director 4

φ Youth Facility Director 5

φ Youth Local Assistance Program Director (1)

Youth Local Assistance Program Specialist 1 (17)

φ Youth Local Assistance Program Specialist 2 (7)

Youth Support Assistant

Youth Support Coordinator 2 (6)

φ Youth Support Coordinator 3 (1)

Youth Support Specialist

Temporary and Disability Assistance, Office of

φ Administrative Assistant 2 (7)

Administrative Assistant 2 (2)

φ Assistant Counsel (1)

Associate Counsel (13)

φ Chief Information Security Officer (1)

Cultural Interpretation Specialist 1 (1)

Cultural Interpretation Specialist 2 (7)

Cultural Interpretation Specialist 3 (1)

Data Analyst 1 (2)

Data Analyst 2 (2)

Data Analyst 3 (1)

Dental Services Review Assistant 1

φ Director Administrative Hearings (1)

φ Director Welfare-to-Work Division (1)

Disability Review Physician (Specialist)

Equal Opportunity Specialist 1 (1)

Equal Opportunity Specialist 2 (1)

Equal Opportunity Specialist 3 (1)

Food Stamp Outreach Program Representative (1)

Information Systems Auditor 1 (11)

Information Systems Auditor 2 (4)

Information Systems Auditor 3 (1)

φ Legislative Coordinator (1)

Minority Business Specialist 1 (3)

Minority Business Specialist 2 (1)

Policy Analysis and Development Specialist 2 (1)

Public Information Specialist 3 (Digital Content) (1)

Supervising Disability Review Physician

FINANCIAL SERVICES, Department of

φ Administrative Assistant 2 (2)

φ Administrative Specialist 1 (1)

φ Assistant Counsel (1)

φ Assistant Director Research Financial Services (1)

φ Associate Attorney (Financial Services) (14)

φ Chief Financial Services Regulatory Accounting (1)

φ Chief Information Security Officer (1)

φ Chief Risk Management Specialist (3)

Data Analyst 1 (11)

Data Analyst 2 (17)

Data Analyst 3 (7)

Data Analyst 4 (2)

φ Director Community Reinvestment Monitoring (1)

φ Director Consumer Lending Regulation and Compliance (1)

φ Director Financial Services Policy Analysis (1)

φ Director Financial Services Programs 1

φ Director Financial Services Programs 2

Equal Opportunity Specialist 1 (2)

Equal Opportunity Specialist 4 (1)

φ Financial Services Specialist 1 (various parenthetics)

φ Financial Services Specialist 2 (various parenthetics)

Financial Services Specialist 3 (Risk) (14)

φ Financial Services Specialist 4 (various parenthetics) (177)

Holocaust Claims Assistant (1)

φ Holocaust Claims Program Assistant Manager (1)

φ Holocaust Claims Program Manager (1)

Inspector

Investigative Specialist 1 (Financial Fraud) (21)

Investigative Specialist 2 (Financial Fraud) (9)

Investigative Specialist 3 (Financial Fraud) (2)

Principal Risk Management Specialist (9)

φ Supervising Attorney Financial Services (1)

Supervising Risk Management Specialist (14)

Supervising Risk Management Specialist (Model Validation) (2)

HEALTH, Department of

φ Administrative Assistant 2 (7)

AIDS Program Representative 1 (27)

AIDS Program Representative 1 (Spanish Language) (1)

AIDS Program Representative 2 (5)

Assistant Counsel (1)

φ Associate Counsel (8)

φ Chief Information Security Officer (2)

Compliance Assistant (5)

Data Analyst 1

Data Analyst 2

Data Analyst 3

Data Analyst 4

Dental Assistant (Manual Communications) (1)

Dental Public Health Epidemiologist (1)

Dental Public Health Resident

Dental Services Review Assistant 1

Dental Services Review Assistant 2

φ Director of Laboratories and Research (1)

Equal Opportunity Specialist 1 (1)

Equal Opportunity Specialist 2 (2)

Equal Opportunity Specialist 4 (1)

φ Health Policy Associate (4)

φ Health Program Director 1

φ Health Program Director 2

Information Systems Auditor 1

Information Systems Auditor 2

Information Systems Auditor 3

Information Technology Specialist 3 (Information Security) (2)

Information Technology Specialist 4 (Information Security) (3)

Investigative Specialist 1 (4)

φ Investigative Specialist 4 (Professional Conduct)

Laboratory Security Director (1)

Laboratory Security Specialist (1)

Medical Physicist (1)

Metropolitan Area Public Health Dentist

Public Health Dentist (LMAP)

Public Health Physician 2 (Various Specialties)

Public Health Physician 3 (Various Specialties)

Regional Public Health Dentist

Regional Representative Health Plan Marketplace (4)

Research Laboratory Technical Assistant

Research Physician (various specialties) 1

Research Physician (various specialties) 2

Research Physician (various specialties) 3

Social Services New York City Systems Specialist (1)

Helen Hayes Hospital

Adaptive Equipment Specialist

Administrative Assistant 2 (1)

Assistant Director, Prosthetics and Orthotics (2)

φ Deputy Administrator Veterans’ Home (1)

φ Deputy Director Rehabilitation Hospital (2)

Director of Prosthetics and Orthotics (1)

φ Director of Rehabilitation Hospital (1)

Nursing Assistant (Certified)

Post-Doctoral Fellow (3)

Prosthetist (1)

Public Information Specialist 2 (Digital Content) (1)

Rehabilitation Hospital Nursing Assistant 1

Rehabilitation Hospital Nursing Assistant 2

Rehabilitation Physician 3

Rehabilitative Aide (7)

Research Physician (Rehabilitation) 2

Senior Operating Room Technician

Senior Orthotist

Senior Prosthetist (1)

Senior Speech and Hearing Therapist

Supervisor of Speech and Hearing Therapy (part-time) (1)

Medicaid Inspector General, Office of the

Dental Services Review Assistant 1

Dental Services Review Assistant 2

Equal Opportunity Specialist 2 (1)

φ Health Program Director 2

Investigative Specialist 1 (53)

Investigative Specialist 2 (Medicaid) (11)

Investigative Specialist 4 (Medicaid) (5)

φ Manager Medicaid Investigations (2)

Public Health Dentist (LMAP)

Public Health Physician 2 (various specialties)

Regional Public Health Dentist

Veterans' Homes

φ Administrator, New York State Veterans' Home (4)

φ Chief of Medical Services (4)

φ Deputy Administrator, Veterans' Home (4)

Nursing Assistant (Certified)

φ Resident in Nursing Home Administration (2)

LABOR, Department of

φ Administrative Assistant 1

φ Administrative Assistant 2 (6)

Agency Emergency Management Supervisor (1)

φ Assistant Director of Labor Management Affairs (1)

φ Assistant Director, Division of Occupational Safety and Health (1)

φ Associate for Labor-Management Affairs (5)

Chief Demographer (1)

Chief Information Security Officer (1)

Coordinator of Education Development (1)

Customer Service Program Specialist 3 (1)

Data Analyst 1 (7)

Data Analyst 2 (5)

Data Analyst 3 (2)

Data Analyst 4 (1)

φ Director, Division of Occupational Safety and Health (1)

φ Director Employment Services (1)

φ Director Immigrant Workers' Services (1)

φ Director of Labor Department Research and Statistics (1)

φ Director of Policy Development and Planning (1)

φ Director of Unemployment Insurance Division (1)

φ Director Labor Standards (1)

Director of Workforce Development and Training (1)

Director Public Work Wage Investigation (1)

Dislocated Worker Assistance Center Director (1)

Dislocated Worker Assistance Representative (16)

Employment Development Coordinator (1)

Employment Service Monitor Advocate (1)

Equal Opportunity Specialist 1 (5)

Equal Opportunity Specialist 2 (3)

Equal Opportunity Specialist 3 (2)

Equal Opportunity Specialist 4 (1)

Immigrant Workers Specialist 1 (17)

Immigrant Workers Specialist 2 (6)

Immigrant Workers Specialist 3 (1)

Job Training Partnership Specialist 2 (3)

Job Training Partnership Specialist 3 (2)

Labor Services Representative (Disabled Veterans Outreach)

Multimedia Production Representative 1 (3)

Multimedia Production Representative 2 (1)

Multimedia Production Representative 3 (1)

Public Information Manager (Digital Content) (2)

Public Information Specialist 1 (Digital Content) (14)

Public Information Specialist 2 (Digital Content) (4)

Public Information Specialist 3 (Digital Content) (2)

Research Scientist 3 (4)

Research Scientist 4 (2)

Research Scientist 5 (1)

Stores and Mail Operations Supervisor (1)

φ Veterans Program Administrator (1)

Employment Relations Board, State

φ Administrative Assistant 1 (1)

Industrial Board of Appeals

φ Associate Counsel (1)

State Insurance Fund

φ Administrative Assistant 2 (3)

φ Assistant Director Insurance Fund Customer Service

φ Associate Director Training 2 (1)

φ Chief Information Security Officer (1)

Customer Service Program Specialist 1 (18)

Customer Service Program Specialist 2 (17)

Customer Service Program Specialist 3 (17)

Customer Service Program Specialist 4 (5)

Customer Service Representative 1 (146)

Customer Service Representative 2 (39)

Customer Service Representative 3 (24)

Customer Service Representative 4 (18)

Data Analyst 1 (12)

Data Analyst 2 (12)

Data Analyst 3 (4)

Data Analyst 4 (1)

φ Director Accounting Operations

φ Director Insurance Fund Customer Service

φ Director Internal Control (NYSIF) (1)

φ Director NYSIF Disability Benefits Fund (1)

Equal Opportunity Specialist 1 (18)

Equal Opportunity Specialist 2 (9)

Equal Opportunity Specialist 3 (3)

Equal Opportunity Specialist 4 (2)

Information Systems Auditor 1 (ITS) (1)

Information Technology Architect 1 (12)

Information Technology Architect 2 (4)

Information Technology Specialist 2 (Information Security) (8)

Information Technology Specialist 3 (Information Security) (8)

Information Technology Specialist 4 (Information Security) (4)

φ Insurance Fund Business Manager (13)

φ Investigative Officer 1 (SIF)

φ Investigative Officer 2 (SIF) (7)

φ Investigative Officer 3 (SIF) (6)

φ Investigative Officer 4 (SIF) (8)

Manager Information Technology Services 1 (Information Security) (2)

Manager Information Technology Services 2 (Information Security) (1)

Unemployment Insurance Appeal Board

φ Administrative Assistant 2 (1)

φ Chief Unemployment Insurance Referee (1)

φ Principal Unemployment Insurance Referee (4)

Workers’ Compensation Board

φ Administrative Assistant 2 (3)

φ Administrative Specialist 1 (1)

φ Associate Counsel (4)

φ Auditor 2 (3)

Data Analyst 1 (3)

Data Analyst 3 (1)

Data Analyst 4 (1)

φ Director of Workers’ Compensation Rehabilitation and Social Services (1)

Equal Opportunity Specialist 1 (1)

Equal Opportunity Specialist 2 (1)

Office Assistant 3 (1)

Public Information Specialist 1 (Digital Content) (3)

Public Information Specialist 2 (Digital Content) (2)

Public Information Specialist 3 (Digital Content) (1)

φ Workers' Compensation Assistant Medical Director (1)

φ Workers' Compensation Medical Director (1)

LAW, Department of

φ Administrative Assistant 2 (1)

Architect 1 (2)

φ Assistant Director of Law Department Investigations (1)

φ Chief Information Security Officer (1)

Environmental Scientific Assistant (2)

Environmental Scientist 1

Environmental Scientist 2

Environmental Scientist 3

Environmental Scientist 4

Environmental Scientist 5

Information Technology Architect 1 (3)

Information Technology Architect 2 (1)

Information Technology Specialist 2 (Information Security) (2)

Information Technology Specialist 3 (6)

Information Technology Specialist 3 (Information Security) (2)

Information Technology Specialist 4 (2)

Information Technology Specialist 4 (Information Security) (1)

Manager Information Technology Services 1 (1)

Manager Information Technology Services 1 (Information Security) (1)

Multimedia Production Representative 3 (1)

Public Information Specialist 1 (Digital Content) (1)

MENTAL HYGIENE, Department of

Addiction Services and Supports,

Office of

Addictions Counselor Assistant

Addictions Counselor Assistant (Spanish Language)

Addictions Counselor Assistant Trainee

Addictions Counselor Assistant Trainee (Spanish Language)

Addictions Program Specialist 1 (Harm Reduction) (1)

Addictions Program Specialist 2 (Harm Reduction) (2)

Addictions Program Specialist 4 (Harm Reduction) (1)

φ Administrative Assistant 1 (1)

φ Administrative Assistant 2 (5)

φ Administrative Officer 6 (1)

φ Assistant Director Financial Administration 2 (Treatment Center) (1)

φ Chief Medical Services (1)

Community Worker

Data Analyst 1 (2)

Data Analyst 2 (4)

Data Analyst 3 (1)

φ Director, Addiction Treatment Center 1

φ Director, Addiction Treatment Center 2

Equal Opportunity Specialist 2 (1)

φ Medical Specialist 3 (2)

φ Medical Specialist 3 Addiction Treatment Center (6)

Peer Specialist OASAS (15)

φ Regional Coordinator OASAS (13)

φ Regional Director Addiction Treatment Centers (2)

φ Regional Director OASAS (2)

Mental Health, Office of

Advocacy Specialist 1 (6)

Advocacy Specialist 2 (26)

Advocacy Specialist 3 (5)

φ Advocacy Specialist 4 (1)

φ Advocacy Specialist 5 (1)

φ AOT Compliance Coordinator (1)

AOT Compliance Specialist 1 (20)

φ AOT Compliance Specialist 2 (4)

φ AOT Compliance Specialist 3 (2)

φ AOT Compliance Specialist 4 (1)

φ Assistant Director of Management Audit (1)

φ Associate Commissioner for Mental Health (9)

Certified Peer Specialist 1 (142)

Certified Peer Specialist 2 (40)

φ Clinical Director, Psychiatric Center

Consolidated Clinical Laboratory Manager (1)

Data Analyst 1 (6)

Data Analyst 2 (18)

Data Analyst 3 (2)

Data Analyst 4 (2)

φ Deputy Director for Institution Administration 2

φ Deputy Director, Psychiatric Center 1

φ Deputy Director, Psychiatric Center 2

φ Deputy Director, Psychiatric Research Institute (2)

φ Director, Financing Group (1)

φ Director for Quality Assurance

φ Director, Mental Health Field Office 1 (2)

φ Director, Mental Health Field Office 2 (4)

φ Director, Mental Health Safety and Environmental Services (1)

φ Director of Administrative Support Services Group (1)

φ Director of each hospital, school or institute

φ Director of Forensic Operations (1)

φ Director of Health Services (1)

Equal Opportunity Specialist 1 (7)

Equal Opportunity Specialist 2 (5)

Equal Opportunity Specialist 3 (1)

Equal Opportunity Specialist 4 (1)

φ Executive Director, Psychiatric Center

Institution Retail Store Clerk (Part-time)

φ Mental Health Program Manager 1 (19)

φ Mental Health Program Manager 2 (8)

Mental Hygiene Special Adolescent Treatment Assistant (1)

Pathologist 2 (Research) (1)

Pathologist 3 (2)

Peer Specialist (142)

Psychiatrist 3 (51)

Psychiatrist 3 (Children and Youth) (7)

Psychiatrist 3 (Forensic) (10)

Psychiatrist 1 (Research)

Psychiatrist 2 (Research)

Psychiatrist 3 (Research)

Public Information Specialist 1 (Digital Content) (1)

Public Information Specialist 2 (Digital Content) (2)

Public Information Specialist 3 (Digital Content) (1)

Support Services Assistant (1)

People with Developmental Disabilities,

Office for

Adaptive Equipment Specialist

φ Assistant Commissioner (2)

φ Associate Commissioner for Revenue Management (1)

φ Chief Information Security Officer (1)

φ Chief of Medical Services

Compliance Specialist 3 (1)

Data Analyst 1 (13)

Data Analyst 2 (6)

Data Analyst 3 (3)

Data Analyst 4 (1)

Dental Technician

φ Deputy Director Developmental Disabilities Research Institute (1)

φ Deputy Director, DDSO 1 (13)

φ Deputy Director, DDSO 2 (39)

φ Developmental Disabilities Operations Director 3 (2)

φ Developmental Disabilities Program Planner 2 (4)

Developmental Disabilities Public Education Specialist

Developmental Disabilities Special Employment Program Assistant Coordinator (1)

Developmental Disabilities Special Employment Program

φ Director of each hospital, school or institute

φ Director, DDSO (14)

Equal Opportunity Specialist 1 (5)

Equal Opportunity Specialist 2 (6)

Equal Opportunity Specialist 3 (2)

Equal Opportunity Specialist 4 (1)

Institution Retail Store Clerk (Part-time)

Internal Investigator 1 (OPWDD) (78)

Internal Investigator 2 (OPWDD) (23)

Minority Business Specialist 2 (1)

Peer Specialist (15)

Peer Specialist 2 (6)

Public Information Specialist 1 (Digital Content) (2)

Public Information Specialist 2 (Digital Content) (1)

Supervising Investigator (OPWDD) (3)

Youth Program Supervisor

MOTOR VEHICLES, Department of

φ Administrative Assistant 1 (2)

φ Chief Information Security Officer (1)

φ Director Strategic Planning & Management (1)

Equal Opportunity Specialist 1 (4)

Equal Opportunity Specialist 2 (2)

Equal Opportunity Specialist 3 (1)

Information Systems Auditor 1 (2)

Multimedia Production Program Specialist 2 (1)

Public Information Manager (Digital Content) (1)

Public Information Specialist 1 (Digital Content) (2)

Public Information Specialist 2 (Digital Content) (1)

Public Information Specialist 3 (Digital Content) (2)

PUBLIC SERVICE, Department of

φ Administrative Assistant 1 (1)

φ Administrative Assistant 2 (3)

Administrative Assistant 2 (1)

Commission Operations Analyst 1 (Public Service) (2)

Commission Operations Analyst 2 (Public Service) (1)

Equal Opportunity Specialist 2 (1)

Policy Analyst 1 (Energy)

Policy Analyst 2 (Energy)

Policy Analyst 3 (Energy)

Policy Analyst 5 (Energy)

Public Information Specialist 1 (Digital Content) (2)

Public Information Specialist 2 (Digital Content) (1)

Renewable Energy Siting Specialist 1 (10)

Renewable Energy Siting Specialist 2 (10)

Renewable Energy Siting Specialist 3 (7)

Renewable Energy Siting Specialist 4 (5)

φ Secretary to Counsel (1)

Utility Security Specialist 2

STATE, Department of

φ Administrative Assistant 1 (1)

φ Administrative Assistant 2 (5)

Associate Counsel (1)

Data Analyst 1 (2)

Data Analyst 2 (1)

Equal Opportunity Specialist 2 (1)

Immigrant Community Specialist 1 (1)

Immigrant Community Specialist 2 (9)

Immigrant Community Specialist 3 (1)

φ Medical Director (1) (in the State Athletic Commission)

φ Medical Specialist 2 (1)

Minority Business Specialist 1 (2)

Minority Business Specialist 2 (1)

Public Information Specialist 1 (Digital Content) (1)

φ Regulatory Policy Specialist 3 (1)

φ Senior Attorney (1)

Ethics Commission, State

Executive Director

Confidential Assistant

TAXATION AND FINANCE, Department of

φ Administrative Assistant 2 (1)

φ Assistant Director, Investigations (1)

φ Associate Attorney (Tax Enforcement) (13)

φ Associate Counsel (1)

φ Chief Information Security Officer (1)

Computer Forensic Analyst 1 (Tax) (1)

Computer Forensic Analyst 2 (Tax) (1)

Computer Forensic Analyst 3 (Tax) (2)

Computer Forensic Analyst 4 (Tax) (3)

Confidential Assistant

Data Analyst 1 (29)

Data Analyst 2 (7)

Data Analyst 3 (5)

Data Analyst 4 (2)

φ Director, Real Property Tax Services (1)

Investment Systems Manager (1)

Legislative Assistant (1)

φ Principal Attorney (Tax Enforcement) (1)

Print Operations Manager (1)

Revenue Crimes Specialist 1

Revenue Crimes Specialist 2

Revenue Crimes Specialist 3

Revenue Crimes Specialist 4

φ Tax Policy Analyst 1 (9)

φ Tax Policy Analyst 2 (10)

φ Tax Policy Analyst 3 (9)

φ Tax Policy Analyst 4 (5)

TRANSPORTATION, Department of

φ Administrative Assistant 2 (8)

φ Administrative Specialist 1 (1)

φ Affirmative Action Administrator 4 (1)

Assistant Counsel (1)

Assistant Minority Business Specialist (1)

φ Associate Counsel (1)

Bridge Repair Assistant

φ Chief Information Security Officer (1)

Compliance Specialist 1

Compliance Specialist 2 (17)

Compliance Specialist 3 (2)

φ Compliance Specialist 3 (2)

Compliance Specialist 4 (1)

Data Analyst 1 (4)

Data Analyst 2 (4)

Data Analyst 3 (2)

Data Analyst 4 (1)

φ Director Republic Airport (1)

Engineering Intern (90)

Equal Opportunity Specialist 1 (1)

φ Executive Director, New York Metropolitan Transportation Council (1)

Highway Maintenance Supervisor 1 Franklin County (1)

Highway Maintenance Worker 1

Highway Maintenance Worker 2

φ Legislative Liaison (1)

Minority Business Specialist 1 (6)

Pavement Marking Supervisor

Public Information Assistant (Digital Content) (1)

Public Information Manager (Digital Content) (1)

Public Information Specialist 1 (Digital Content) (4)

Public Information Specialist 2 (Digital Content) (6)

Public Information Specialist 3 (Digital Content) (3)

Radio Engineering Manager (1)

Sign Crew Supervisor

Trades Specialist (Bridge)

Transportation Construction Inspector 1 (seasonal)

Transportation Construction Inspector 2 (seasonal)

Transportation Construction Inspector 3 (seasonal)

MISCELLANEOUS

ARTS, Council on the

Arts Program Associate

Arts Program Director

Arts Team Associate

BRIDGE AUTHORITY, New York State

φ Associate Counsel (1)

φ Chief Engineer (1)

Compliance Specialist 1 (1)

Computerized Toll Equipment Specialist (2)

Data Analyst 1 (2)

Data Analyst 2 (1)

φ Director of Internal Audit (1)

Electronic Toll Maintenance Technician (5)

Maintenance Supervisor 2 (Bridge) (1)

Maintenance Supervisor 3 (Bridge) (1)

Security Technician (Bridge) (15)

CANAL CORPORATION, New York State

φ Administrative Assistant (1)

φ Business Development Specialist 1 (5)

φ Business Development Specialist 2 (1)

Canal Worker 2

Engineering Intern (30)

Professional Engineer 2 (Civil/Environmental) (1)

Trades Specialist (CNC Machinist)

Transportation Construction Inspector 1

Transportation Construction Inspector 2

Transportation Construction Inspector 3

Visitor Services Assistant 2 (3)

HOUSING FINANCE AGENCY, New York State

Compliance Specialist I (1)

LABOR MANAGEMENT COMMITTEES

φ Administrative Assistant 1

φ Administrative Assistant 2

LAKE GEORGE PARK COMMISSION

φ Administrative Assistant 2 (1)

φ Administrative Specialist 1 (1)

Lake George Marine Officer 3 (1)

TEACHERS' RETIREMENT SYSTEM,

New York State

TRS Investment Officer 1

TRS Investment Officer 2 (various parenthetics)

TRS Investment Officer 3 (various parenthetics)

THRUWAY AUTHORITY, New York State

φ Administrative Assistant 1 (1)

Administrative Assistant 2 (1)

φ Assistant Counsel (3)

Assistant Counsel (3)

Associate Counsel (1)

Bridge Electrician

Bridge Patrol Operator

Bridge Repair Assistant

Bridge Welder

φ Business Development Specialist 1 (2)

φ Chief Engineer (2)

φ Chief Information Security Officer (1)

Compliance Specialist 1 (3)

φ Compliance Specialist 2 (2)

Computerized Toll Equipment Specialist

φ Coordinator of Safety and Security Services Tappan Zee Bridge (1)

Data Analyst 1 (2)

Data Analyst 2 (2)

Data Analyst 3 (1)

φ Director of Administrative Services (1)

φ Director of Canal Planning and Development (1)

φ Director of Long Range Planning (1)

φ Director of Traffic Operations (1)

φ Director of Travelers' Services (1)

Engineering Intern (12)

Equal Opportunity Specialist 1 (4)

Equal Opportunity Specialist 2 (2)

Equal Opportunity Specialist 3 (1)

Equal Opportunity Specialist 4 (1)

Information Technology Specialist 3 (Information Security) (2)

φ Legislative Assistant (1)

φ Legislative Liaison (1)

φ Manager of Computerized Toll Equipment Research and Development (1)

Minority Business Specialist 2 (1)

φ Policy Analysis and Development Specialist 3 (1)

Service Area Equipment Operator

Service Area Mechanic

φ Thruway Authority Controller (1)

Thruway Claims Adjuster (1)

Thruway Commercial Representative (8)

φ Thruway Concessions Representative (1)

φ Thruway Division Director (4)

Thruway Maintenance Worker

Thruway Tug Captain

Toll Equipment Modification Specialist (1)

Trades Specialist (Bridge)

Transportation Construction Inspector 1

Transportation Construction Inspector 2

Transportation Construction Inspector 3

New York Hiring for Emergency Limited Placement Statewide (NY HELPS) (all titles listed hereunder will have a limiting number of 15,000)

Accountant Aide

Addictions Counselor 1

Addictions Counselor 1 (Spanish Language)

Addictions Counselor 2

Addictions Counselor 2 (Spanish Language)

Addictions Counselor 3

Addictions Planning Analyst 1

Addictions Planning Analyst 2

Addictions Planning Analyst 3

Addictions Program Specialist 1

Addictions Program Specialist 2

Addictions Program Specialist 2 (Gambling)

Administrative Assistant 1

Administrative Assistant 1 (French Language)

Administrative Assistant 1 (Russian Language)

Administrative Assistant 1 (Spanish Language)

Administrative Specialist 1

Agency Emergency Management Coordinator

Agency Safety & Health Director 1

Agency Safety & Health Director 2

Agency Safety & Health Representative 1

Agency Safety & Health Representative 2

Aging Services Nutrition Consultant 1

Aging Services Nutrition Consultant 2

Aging Services Program Analyst 2

Aging Services Representative

Aging Services Representative (Spanish Language)

Aids Program Manager 1

Aids Program Manager 2

Aids Program Manager 3

Air Pollution Meteorologist 1

Air Pollution Meteorologist 2

Alcohol & Substance Abuse Treatment Program Assistant

Alcohol & Substance Abuse Treatment Program Assistant (Spanish Language)

Animal Health Inspector 1

Appointments Examiner 1

Architect 1

Archives & Records Management Specialist 2

Archives & Records Management Specialist 3

Archives Conservation Specialist 3

Assistant Actuary

Assistant Architect

Assistant Attorney 1

Assistant Attorney 2

Assistant Attorney 3

Assistant Attorney 3 (Financial Services)

Assistant Clinical Physician

Assistant Clinical Physician (Spanish Language)

Assistant Director Addiction Treatment Center

Assistant Director Correctional Academic Education

Assistant Director Correctional Health Services

Assistant Director Correctional Industries Business Development

Assistant Director Correctional Industries Operations

Assistant Director Correctional Mental Health Programs

Assistant Director Incarcerated Classification & Movement

Assistant Director Incarcerated Grievance Program

Assistant Director Mental Health Internal Affairs

Assistant Director Nursing 1 (Infection Control)

Assistant Director Nursing 1 (Long Term Care)

Assistant Director Nursing 1 (Psychiatric)

Assistant Director Nursing 1 (Rehabilitation)

Assistant Director Nursing 1 (Youth)

Assistant Director Nursing 2 (Correctional Services)

Assistant Director Office Professional Medical Conduct

Assistant Engineer (Chemical)

Assistant Engineer (Civil)

Assistant Engineer (Civil/Construction)

Assistant Engineer (Civil/Geotechnical)

Assistant Engineer (Civil/Structural)

Assistant Engineer (Civil/Transportation)

Assistant Engineer (Electrical)

Assistant Engineer (Environmental)

Assistant Engineer (Fire Protection)

Assistant Engineer (Gas Pipeline Safety)

Assistant Engineer (Mechanical)

Assistant Engineer (Mechanical/HVAC)

Assistant Examinations Editor

Assistant Examinations Editor (Braille)

Assistant Facilities Interior Designer

Assistant Geologist

Assistant Hearing Officer

Assistant In Bilingual Education

Assistant In Continuing Education

Assistant In Education Children with Disabilities

Assistant In Education Improvement Services

Assistant In Education Research

Assistant In Educational Planning & Evaluation

Assistant In Educational Testing

Assistant In Higher Education

Assistant In Higher Education Opportunity

Assistant In Instructional Services

Assistant in Nursing Education

Assistant in Nursing Education Scope of Practice

Assistant In Occupational School Supervision

Assistant In Professional Education

Assistant In School Lunch Administration

Assistant In Teacher Education

Assistant Industrial Superintendent

Assistant Insurance Fund Services Representative

Assistant Investment Officer

Assistant Land Surveyor

Assistant Landscape Architect

Assistant Minority Business Specialist

Assistant Motor Vehicle Referee

Assistant Motor Vehicle Referee (Spanish Language)

Assistant Office Services Manager

Assistant Park Recreation Supervisor

Assistant Psychiatrist

Assistant Purchasing Agent

Assistant Regional Park Recreation Coordinator

Assistant Superintendent of Construction

Assistant Supervisor Audiovisual Training & Production

Assistant Supervisor Hospital Fiscal Administrator

Assistant Traffic Signal Equipment Specialist

Assistant Traffic Supervisor

Assistant Training Technician Youth Services

Assistant Unemployment Insurance Referee

Assistant Unemployment Insurance Referee (Spanish Language)

Assistant Workers Compensation Examiner

Assistant Workers Compensation Examiner (Spanish Language)

Associate Actuary (Casualty)

Associate Actuary (Life)

Associate Adirondack Park Analyst (Fresh Water)

Associate Director Training 1 (Addictions)

Associate Director Training 1 (Mental Hygiene)

Associate Economist (Regulatory Economics)

Associate Engineering Materials Analyst

Associate Engineering Research Editor

Associate Environmental Analyst (Agriculture)

Associate Health Care Management Systems Analyst

Associate Health Planner

Associate in Bilingual Education

Associate in Continuing Education

Associate in Education Children with Disabilities

Associate in Education Improvement Services

Associate in Education Research

Associate in Educational Information Services

Associate in Educational Planning & Evaluation

Associate in Educational Testing

Associate in In Higher Education

Associate in Higher Education Opportunity

Associate in Instructional Services

Associate in Intercultural Relations

Associate in Nursing Education

Associate in Nursing Education (Addictions)

Associate in Nursing Education (Scope of Practice)

Associate in Occupational School Supervision

Associate in Performing Arts Education

Associate in Professional Education

Associate in School Business Management

Associate in School Library Service

Associate in School Nursing

Associate in Teacher Education

Associate Industrial Hygienist

Associate Investment Officer

Associate Librarian Blind

Associate Librarian Reference

Associate Librarian Technical Processes

Associate Mediator Public Employment

Associate Psychologist

Associate Psychologist (Spanish Language)

Associate Radiological Health Specialist

Associate Radiophysicist

Associate Statistician

Audiologist

Audiovisual Production Specialist

Auditor 1

Auditor 1 (Abandoned Property)

Auditor 1 (Fiscal Systems)

Auditor 1 (Insurance Premium)

Auditor 1 (Municipal)

Auditor 1 (Tax)

Automotive Facilities Inspector

Automotive Facilities Inspector (Chinese Language)

Automotive Facilities Inspector (Creole Language)

Automotive Facilities Inspector (Italian Language)

Automotive Facilities Inspector (Korean Language)

Automotive Facilities Inspector (Russian Language)

Automotive Facilities Inspector (Spanish Language)

Biologist 1 (Aquatic)

Biologist 1 (Ecology)

Biologist 1 (Marine)

Biologist 1 (Wildlife)

Body Repair Inspector

Body Repair Inspector (Chinese Language)

Body Repair Inspector (Creole Language)

Body Repair Inspector (Italian Language)

Body Repair Inspector (Korean Language)

Body Repair Inspector (Russian Language)

Body Repair Inspector (Spanish Language)

Boiler Inspector

Bridge Repair Supervisor 1

Budget Examiner

Building Construction Program Manager 1

Building Construction Program Manager 2

Building Construction Program Manager 3

Building Construction Program Manager 4

Building Construction Program Manager 5

Building Space Analyst 1

Business Document Specialist 1

Business Enterprise Program Specialist 1

Business Marketing Program Analyst 1

Business Marketing Program Analyst 2

Business Officer 1

Business Services Center Analyst 1

Business Services Center Representative 1

Business Systems Analyst 1

Business Systems Analyst 1 (Health)

Business Systems Analyst 1 (Payroll Systems)

Business Systems Analyst 2

Business Systems Analyst 2 (Health)

Business Systems Analyst 2 (Payroll Systems)

Call Center Assistant Director

Call Center Manager

Call Center Quality Assurance Specialist 1

Call Center Quality Assurance Specialist 1 (Spanish Language)

Call Center Quality Assurance Specialist 2

Call Center Quality Assurance Specialist 3

Call Center Representative 1

Call Center Representative 1 (HESC) (Spanish Language)

Call Center Representative 1 (Spanish Language)

Call Center Representative 2

Call Center Representative 2 (Spanish Language)

Call Center Representative 3

Call Center Representative 4

Campgrounds Program Coordinator

Campgrounds Program Supervisor

Campus Safety Specialist

Canal Maintenance Supervisor 1

Canal Maintenance Supervisor 2 (Floating Plant)

Canal Maintenance Supervisor 2 (Maintenance)

Canal Maintenance Supervisor 2 (Maintenance Shop)

Canal Maintenance Supervisor 2 (Operations)

Canal Structure Operator

Capital Facilities Regional Manager 1

Capital Facilities Regional Manager 2

Cartographic Technician 1

Cartographic Technician 3

Chief Casualty Actuary 1

Chief Casualty Actuary 2

Chief Casualty Actuary 3

Chief Communication Industries Production Assistance

Chief Curator History

Chief Historic Preservation Services

Chief Historic Site and Park Services

Chief Housekeeper 1

Chief Housekeeper 2

Chief Life Actuary 1

Chief Life Actuary 2

Chief Life Actuary 3

Chief Lock Operator

Chief Long Term Care Therapy Services

Chief Museum Education & Visitor Services

Chief Of Correctional Program Research

Chief Of Forensic Unit 1

Chief Utility Accounting and Finance

Child Protective Services Specialist 1

Child Protective Services Specialist 1 (Spanish Language)

Child Support Specialist 1

Child Support Specialist 3 (Finance)

Children & Family Services Specialist 1

Children & Family Services Specialist 1 (Minority Group)

Children & Family Services Specialist 2 (Permanency Services)

Claims Services Representative 1

Claims Services Representative 1 (Disability Benefits)

Climate Policy Analyst 1

Climate Policy Analyst 2

Climate Policy Analyst 3

Clinical Physician 1

Clinical Physician 1 (Spanish Language)

Clinical Physician 2

Clinical Physician 2 (Spanish Language)

Clinical Physician 3

Coastal Resources Specialist 1

Code Compliance Specialist 1

Compliance Specialist 2

Collection & Civil Prosecution Specialist 1

Communications Specialist 1

Communications Specialist 2

Communications Technician 1

Community Correction Representative 1

Community Correction Representative 2

Community Health Program Manager 1

Community Health Program Manager 2

Community Health Program Manager 3

Community Services Program Analyst 1

Compensation Claims Examiner

Compensation Claims Referee

Computer Operator

Conservation Operations Supervisor 1

Conservation Operations Supervisor 2

Conservation Operations Supervisor 3

Construction Estimator 1 (Architectural)

Construction Estimator 1 (Mechanical)

Construction Estimator 2 (Architectural)

Construction Estimator 2 (Mechanical)

Construction Estimator 3 (Architectural)

Construction Estimator 3 (Mechanical)

Construction Estimator 4 (Architectural)

Construction Estimator 4 (Mechanical)

Construction Specialist 1 (Transportation)

Construction Specifications Writer 1 (Mechanical)

Construction Specifications Writer 1 (Structural)

Consultant In Physical Standards & Safety

Consumer Representative 1 (DFS)

Consumer Services Representative 1

Consumer Services Representative 1 (Spanish Language)

Contract Management Specialist 1

Contract Management Specialist 1 (Health Benefit Exchange)

Contract Management Specialist 2 (Health Benefit Exchange)

Contract Management Specialist 3 (Health Benefit Exchange)

Coordinator Apprentice Training

Coordinator Correctional Services Employee Investigator

Coordinator Education Data & Reports

Coordinator Education Programs

Coordinator Educational Aid Services

Coordinator Facilities Interior Design

Coordinator Mental Health Community Facilities Planning

Coordinator Post-Secondary Education

Coordinator Special Education

Coordinator Technology Policy

Coordinator Title I Programs

Coordinator Volunteer Services

Corcraft Design Services Supervisor

Corporate Accounts Manager

Correction Classification Analyst

Correction Classification Analyst (Health Services)

Correction Classification Analyst (Spanish Language)

Correctional Facility Food Administrator 1

Correctional Facility Food Administrator 2

Correctional Facility Specialist 1

Correctional Industries Sales Representative

Correctional Industries Services Manager

Correctional Industries Shipping Supervisor

Correctional Laundry & Housekeeping Services Supervisor

Correctional Regional Health Services Administrator

Correctional Security Technical Services Specialist

Correctional Services Employee Investigator

Correctional Services Fire & Safety Assistant Coordinator

Correctional Services Fire & Safety Coordinator

Correctional Services Transportation Coordinator

Correctional Staff Deployment Specialist

Crime Victims Specialist 1

Crime Victims Specialist 1 (Spanish Language)

Criminal Justice Policy Analyst 1

Criminal Justice Policy Analyst 2

Criminal Justice Program Specialist 1

Curator 1

Curator 2

Curriculum Content Coordinator

Cytotechnologist

Dairy Products Specialist 1

Dairy Products Specialist 1 (Spanish Language)

Dental Hygienist

Dentist 1

Dentist 2

Dentist 3

Deputy Veterans Program Administrator

Developmental Assistant 1

Developmental Assistant 1 (In Residence Model)

Developmental Disabilities Policy Development Specialist 2

Developmental Disabilities Policy Development Specialist 3

Developmental Disabilities Policy Development Specialist 4

Developmental Disabilities Secure Care Treatment Aid 1

Developmental Disabilities Secure Care Treatment Aid 1 (Manual Communications)

Developmental Disabilities Secure Care Treatment Aid 1 (Spanish Language)

Developmental Specialist 2

Developmental Specialist 3

DHSES Program Administrator 1

DHSES Program Administrator 2

DHSES Program Administrator 3

Dietitian 1

Dietitian 2

Direct Support Assistant

Direct Support Assistant (In Residence Model)

Direct Support Assistant (Manual Communications)

Direct Support Assistant (Spanish Language)

Director College and University Evaluation

Director Correctional Mental Health Programs

Director Division Educational Testing

Director Education Data & Reports

Director Education Programs School Improvement Services

Director Education Television Public Broadcasting

Director Educational & Community Relations

Director Facilities Planning & Development

Director Family & Community Engagement

Director Fleet Management

Director Funeral Directing

Director Health Institutions Financial Administration

Director Historic Preservation Services

Director Incarcertated Classification & Movement

Director Investments & Cash Management

Director Lottery Advertising

Director Lottery Marketing & Sales

Director Lottery Security

Director Museum Support Services

Director Nursing 1 (Developmental Disabilities)

Director Nursing 1 (Health Services)

Director Nursing 2 (Health Institutions)

Director Nursing 2 (Youth)

Director Nursing 3 (Correctional Services)

Director Nursing 3 (Developmental Disabilities)

Director Nursing 3 (Long Term Care)

Director Nursing 3 (Psychiatric)

Director Nursing 3 (Rehabilitation)

Director Occupational Therapy Services

Director Operations Support 2

Director Program Planning Evaluation & Research

Director Pupil Transportation

Director Regulation & Compliance

Director Rehabilitation Hospital Fiscal Management

Director Special Education Services

Director State Library

Director Teacher Certification

Director Transitional Services

Disability Analyst 2

Disability Analyst 2 (Spanish Language)

Disability Review Psychologist

Disaster Preparedness Assistant

Disaster Preparedness Program Representative 1

Disaster Preparedness Program Representative 2

Disaster Preparedness Program Representative 3

Disaster Preparedness Program Representative 4

District Manager Services For The Blind

Diversity & Inclusion Specialist 1

Diversity & Inclusion Specialist 2

Diversity & Inclusion Specialist 3

Drill Supervisor

Driver Improvement Examiner

Early Intervention Specialist 1

Early Intervention Specialist 2

Early Intervention Specialist 3

Early Intervention Specialist 4

Economic Development Program Administrator 1

Economic Development Program Administrator 2

Economic Development Program Specialist 1

Economic Development Program Specialist 1 (Agriculture)

Economic Development Program Specialist 2

Economic Development Program Specialist 2 (Agriculture)

Economic Development Program Specialist 3

Economic Development Program Specialist 3 (Agriculture)

Economic Development Publications Manager

Education Counselor

Education Counselor (Spanish Language)

Education Credentials Specialist 1

Education Director 1

Education Director 2

Education Finance Specialist 1

Education Program Assistant 1

Education Program Manager 2 (Testing)

Education Supervisor General

Electrocardiograph Technician

Electroencephalograph Research Technician

Electronic Equipment Engineer Security Systems

Electronic Toll Maintenance Technician

Eligibility Program Manager 1

Eligibility Program Manager 2

Eligibility Program Manager 3

Emergency Medical Technician

Emergency Medical Technician (Paramedic)

Employee Health Service Physician 1

Employee Health Service Physician 2

Employee Insurance Examiner 1

Employee Insurance Examiner 2

Employees Retirement System Examiner 1

Employees Retirement System Examiner 2

Employment Counselor

Employment Counselor (Spanish Language)

Employment Service Monitor Advocate

Employment Services Representative

Employment Services Representative (Spanish Language)

Employment Specialist For Individuals With Disabilities 1

Energy Conservation Technical Specialist

Energy Conservation Technical Specialist (General Services)

Engineering Aide

Engineering Geologist

Engineering Technician

Environmental Analyst 1

Environmental Assistance Administrator

Environmental Assistance Representative

Environmental Chemist 1

Environmental Chemist 2

Environmental Educator 1

Environmental Educator 2

Environmental Educator 3

Environmental Educator Assistant

Environmental Engineering Technician 1

Environmental Engineering Technician 2

Environmental Engineering Technician 3

Environmental Health Program Manager 1

Environmental Health Program Manager 2

Environmental Health Program Manager 3

Environmental Health Program Manager 4

Environmental Program Specialist 1

Environmental Program Specialist 1 (Natural Resources)

Environmental Radiation Specialist 1

Environmental Radiation Specialist 2

Environmental Specialist 1

Environmental Specialist 2

Equipment Operator Instructor

Examinations Editor

Excise Tax Investigator 1

Facilities Planner 1

Facilities Planner 2

Fair Hearings Specialist 1

Fair Hearings Specialist 1 (Spanish Language)

Fair Hearings Specialist 2

Fair Hearings Specialist 2 (Spanish Language)

Farm Products Grading Inspector 1

Financial Analyst 1

Financial Analyst 1 (Workers Compensation)

Financial Analyst 2

Financial Analyst 2 (Workers Compensation)

Financial Management Assistant

Financial Services Examiner 1

Fire & Safety Representative

Fire Protection Specialist 1

Fish & Wildlife Technician 1

Fish & Wildlife Technician 2

Fish Culturist 1

Fish Culturist 4

Fish Culturist 5

Fleet Manager

Food Distribution Administrator 1

Food Distribution Administrator 2

Food Distribution Manager

Food Inspector 1

Food Inspector 1 (Spanish Language)

Food Laboratory Specialist 1

Food Laboratory Specialist 1 (Seed)

Food Laboratory Specialist 2 (Chemistry)

Food Laboratory Specialist 2 (Microbiology)

Food Programs Evaluation Specialist 1

Food Service Worker 2

Forensic Services Program Administrator 1

Forensic Services Program Administrator 2

Forester 1

Forestry Technician 1

Forestry Technician 2

Forestry Technician 3

General Industrial Training Supervisor

General Industrial Training Supervisor (Abatement)

General Industrial Training Supervisor (Optical Manufacturing)

Golf Course Maintenance Supervisor

Golf Course Manager 1

Golf Course Manager 2

Graduate Nurse

Graduate Nurse (Chinese Language)

Graduate Nurse (Manual Communications)

Graduate Nurse (Spanish Language)

Graduate Nurse (Teaching & Research Center)

Habilitation Specialist 1

Habilitation Specialist 1 (Manual Communications)

Habilitation Specialist 1 (Spanish Language)

Head Housekeeper

Health Care Financing Program Manager 1

Health Care Financing Program Manager 2

Health Care Surveyor 1 (Nursing)

Health Care Surveyor 2 (Nursing)

Health Care Surveyor 3 (Nursing)

Health Care Surveyor 4 (Nursing)

Health Education Media Specialist 2

Health Education Media Specialist 3

Health Facilities Planner 2

Health Facility Management Assistant

Health Hearing Examiner

Health Information Management Administrator 1

Health Information Management Administrator 2

Health Information Management Administrator 3

Health Information Management Technician 1

Health Information Management Technician 2

Health Program Administrator

Health Systems Specialist 1

Health Systems Specialist 1 (Emergency Medical Care)

Health Systems Specialist 1 (Funeral Directing)

Health Systems Specialist 2 (Nutrition)

Health Systems Specialist 2 (Physical Therapy)

Health Systems Specialist 2 (Social Work)

Health Systems Specialist 3 (Emergency Medical Care)

Hearing Officer 1

Heating Plant Equipment Specialist 1

Heating Plant Equipment Specialist 2

Higher Education Services Program Analyst 2

Higher Education Services Regional Marketing Representative

Highway Maintenance Supervisor 1

Highway Safety Program Analyst 1

Highway Safety Program Representative

Historian

Historic Conservation Technician 2

Historic Preservation Program Analyst

Historic Site Assistant

Historic Site Manager A

Historic Site Manager B

Historic Site Manager C

Historic Site Restoration Coordinator

Homeless Services Representative 1

Horticultural Inspector 1

Horticultural Technician 2

Hospital Patient Services Clerk 1

Hospital Patient Services Clerk 2

Housing & Community Renewal Specialist 1

Housing & Community Renewal Specialist 1 (Spanish Language)

Housing Specialist 1

Human Resources Specialist 1

Human Resources Specialist 1 (Attendance & Leave)

Human Resources Specialist 1 (Benefits)

Human Resources Specialist 1 (Classification & Compensation)

Human Resources Specialist 1 (Labor Relations)

Human Resources Specialist 1 (Municipal Assistance)

Human Resources Specialist 1 (Spanish Language)

Human Resources Specialist 1 (Staffing)

Human Resources Specialist 1 (Testing)

Human Rights Specialist 1

Human Rights Specialist 1 (Chinese Language)

Human Rights Specialist 1 (Spanish Language)

Human Rights Specialist 2

Identification Assistant

Identification Examiner 1

Identification Specialist 1

Industrial Superintendent

Industrial Training Supervisor 1

Industrial Training Supervisor 1 (Recycling)

Industrial Training Supervisor 2 (Abatement)

Industrial Training Supervisor 2 (Construction)

Industrial Training Supervisor 2 (Drafting)

Industrial Training Supervisor 2 (Foundry)

Industrial Training Supervisor 2 (Garment Manufacturing)

Industrial Training Supervisor 2 (Maintenance Machinery)

Industrial Training Supervisor 2 (Mattress Manufacturing)

Industrial Training Supervisor 2 (Metal Products Manufacturing)

Industrial Training Supervisor 2 (Printing)

Industrial Training Supervisor 2 (Sign Manufacturing)

Industrial Training Supervisor 2 (Soap Manufacturing)

Industrial Training Supervisor 2 (Upholstery)

Industrial Training Supervisor 2 (Wood Products Manufacturing)

Industrial Training Supervisor 3 (Optical Manufacturing)

Industrial Training Supervisor 3 (Tool & Die)

Information & Graphics Technician

Information Systems Auditor 1

Information Technology Specialist 1

Information Technology Specialist 1 (Programming)

Information Technology Specialist 2

Information Technology Specialist 2 (Programming)

Information Technology Specialist 3

Information Technology Specialist 3 (Data Communications)

Information Technology Specialist 3 (Database)

Information Technology Specialist 3 (Programming)

Information Technology Specialist 3 (Systems Programming)

Institution Retail Store Assistant Manager

Institution Safety Officer

Institution Steward

Instructor of the Blind

Insurance Fund Hearing Representative

Insurance Fund Services Specialist 1

Insurance Fund Services Specialist 2

Intensive Case Manager

Intensive Case Manager (Chinese Language)

Intensive Case Manager (Korean Language)

Intensive Case Manager (Spanish Language)

Intermodal Trans Specialist 1

Intermodal Trans Specialist 1 (Bus System Safety)

Intermodal Trans Specialist 1 (Motor Carrier Safety)

Intermodal Trans Specialist 1 (Rail Safety)

Internal Auditor 1

Internal Investigator 1 (OCFS)

Interpretive Programs Assistant

Investigative Aide

Investigative Officer 1

Investigative Officer 1 (Chinese Language)

Investigative Officer 1 (Korean Language)

Investigative Officer 1 (Public Work Wage)

Investigative Officer 1 (Spanish Language)

Investigative Officer 1 (State Insurance Fund)

Investigative Specialist 1

Investigative Specialist 1 (Beverage Control)

Investigative Specialist 1 (Beverage Control) (Chinese Language)

Investigative Specialist 1 (Beverage Control) (Farsi Language)

Investigative Specialist 1 (Beverage Control) (Korean Language)

Investigative Specialist 1 (Beverage Control) (Russian Language)

Investigative Specialist 1 (Beverage Control) (Spanish Language)

Investigative Specialist 1 (Cannabis)

Investigative Specialist 1 (Financial Fraud)

Investigative Specialist 1 (Labor Standards)

Investigative Specialist 1 (Labor Standards) (Chinese Language)

Investigative Specialist 1 (Labor Standards) (Korean Language)

Investigative Specialist 1 (Labor Standards) (Spanish Language)

Investigative Specialist 1 (Law)

Investigative Specialist 1 (Motor Vehicle)

Investigative Specialist 1 (Motor Vehicle) (Chinese Language)

Investigative Specialist 1 (Motor Vehicle) (Creole)

Investigative Specialist 1 (Motor Vehicle) (Italian Language)

Investigative Specialist 1 (Motor Vehicle) (Korean Language)

Investigative Specialist 1 (Motor Vehicle) (Russian Language)

Investigative Specialist 1 (Motor Vehicle) (Spanish Language)

Investigative Specialist 1 (Narcotics)

Investigative Specialist 1 (Spanish Language)

Investigative Specialist 2 (Cannabis)

Investigative Specialist 3 (Cannabis)

Investigative Specialist 4 (Cannabis)

Investigator 1

Investigator 1 (Chinese Language)

Investigator 1 (Korean Language)

Investigator 1 (Spanish Language)

Investigator 2

Investigator 3

Junior Landscape Architect

Labor Services Representative

Labor Services Representative (Chinese Language)

Labor Services Representative (Creole Language)

Labor Services Representative (Korean Language)

Labor Services Representative (Local Veterans’ Employment)

Labor Services Representative (Polish Language)

Labor Services Representative (Russian Language)

Labor Services Representative (Spanish Language)

Laboratory Center Administrator

Laboratory Center Administrator 1

Laboratory Assessor (Clinical)

Laboratory Assessor (Environmental)

Laboratory Specialist 1

Laboratory Specialist 1 (Marine)

Laboratory Technician

Land Surveyor Technician 1

Land Surveyor Technician 2

Landscape Architect

Landscape Architect 1

Latent Print Examiner 1

Law Department Document Specialist

Legal Assistant 1

Legal Assistant 1 (Spanish Language)

Legal Assistant 2

Legal Assistant 2 (Spanish Language)

Librarian 1

Librarian 2

Library Assistant 1

Library Development Specialist 1

Library Development Specialist 2 (Conservation)

Library Technical Assistant

Licensed Clinical Social Worker

Licensed Master Social Worker

Licensed Master Social Worker (Chinese Language)

Licensed Master Social Worker (Korean Language)

Licensed Master Social Worker (Manual Communication)

Licensed Master Social Worker (Spanish Language)

Licensed Mental Health Counselor

Licensed Practical Nurse

Licensed Psychologist

Licensed Psychologist (Chinese Language)

Licensed Psychologist (Spanish Language)

Licensed Radiologic Technologist

Licensing Examiner 1

Licensing Services Clerk

Local Government Specialist 1

Local Government Specialist 2

Long Term Care Advocacy Assistance Specialist 1

Long Term Care Advocacy Assistance Specialist 2

Long Term Care Systems Specialist 1

Long Term Care Systems Specialist 1 (Health)

Long Term Care Systems Specialist 2

Long Term Care Systems Specialist 2 (Health)

Long Term Care Systems Specialist 3

Long Term Care Systems Specialist 3 (Health)

Lottery Advertising Supervisor

Lottery Game Director

Lottery Marketing Representative 1

Lottery Marketing Representative 1 (Chinese Language)

Lottery Marketing Representative 1 (Spanish Language)

Lottery Marketing Specialist

Lottery Research & Program Development Specialist

Lottery Sales Manager

Lottery Supervising Research Specialist

Lottery Video Product Manager

Maintenance Supervisor 1 (Building)

Maintenance Supervisor 1 (Electronic Equipment)

Maintenance Supervisor 1 (Motor Equipment)

Maintenance Supervisor 1 (Toll Equipment)

Maintenance Supervisor 2

Maintenance Supervisor 2 (Bridge)

Maintenance Supervisor 2 (Building)

Maintenance Supervisor 2 (Motor Equipment)

Maintenance Supervisor 3

Maintenance Supervisor 3 (Bridge)

Management Specialist 1

Management Specialist 1 (Children & Family Services)

Management Specialist 1 (Spanish Language)

Manager Diversity & Inclusion

Manager Lottery Retail Operations

Managing Editor NY State Conservationist

Manufacturing Engineering Specialist

Mapping Technician 3

Mapping Technologist 1

Mapping Technologist 2

Mapping Technologist 3

Mapping Technologist 4

Marine Services Manager

Marine Services Representative

Materials Testing Specialist 1

Medicaid Eligibility Examiner 1

Medicaid Eligibility Examiner 1 (Spanish Language)

Medicaid Eligibility Examiner 2

Medicaid Eligibility Examiner 2 (Spanish Language)

Medicaid Hearing Examiner 1

Medicaid Integrity Specialist 1

Medicaid Integrity Specialist 1 (Financial Analysis)

Medicaid Redesign Analyst 1

Medicaid Redesign Analyst 2

Medical Assistance Specialist 1

Medical Assistance Specialist 2

Medical Assistant

Medical Laboratory Technician 1

Medical Laboratory Technician 2

Medical Relations Coordinator

Medical Social Worker A

Medical Specialist 1

Medical Specialist 2

Medical Technologist 1

Mental Health Program Specialist 1

Mental Health Program Specialist 2

Mental Health Program Specialist 2 (Clinical)

Mental Health Program Specialist 2 (DOCCS)

Mental Health Program Specialist 3 (Clinical)

Mental Health Program Specialist 4 (Clinical)

Mental Health Rehabilitation Program Director 1

Mental Health Rehabilitation Program Director 2

Mental Health Therapy Aide

Mental Health Therapy Aide (Chinese Language)

Mental Health Therapy Aide (Korean Language)

Mental Health Therapy Aide (Manual Communications)

Mental Health Therapy Aide (Russian Language)

Mental Health Therapy Aide (Spanish Language)

Mental Hygiene Program Evaluation Specialist 2

Mental Hygiene Program Evaluation Specialist 3

Mental Hygiene Program Evaluation Specialist 4

Mental Hygiene Staff Development Specialist 2

Mental Hygiene Therapy Assistant 1

Mental Hygiene Therapy Assistant 1 (Spanish Language)

Mental Hygiene Therapy Assistant 2

Mental Hygiene Therapy Assistant 2 (Spanish Language)

Mined Land Reclamation Specialist 1

Mineral Resources Specialist 1

Mineral Resources Specialist 2

Mineral Resources Specialist 3

Mineral Resources Specialist 4

Mineral Resources Technician 1

Mineral Resources Technician 2

Minority Business Specialist 1

Mobility Instructor

Motor Carrier Investigator

Motor Equipment Manager 1

Motor Equipment Storeskeeper

Motor Vehicle Inspector

Motor Vehicle Inspector (Spanish Language)

Motor Vehicle License Examiner

Motor Vehicle Referee

Motor Vehicle Referee (Spanish Language)

Motor Vehicle Representative 1

Motor Vehicle Representative 1 (Chinese Language)

Motor Vehicle Representative 1 (Creole Language)

Motor Vehicle Representative 1 (Italian Language)

Motor Vehicle Representative 1 (Korean Language)

Motor Vehicle Representative 1 (Manual Communications)

Motor Vehicle Representative 1 (Russian Language)

Motor Vehicle Representative 1 (Spanish Language)

Multimedia Production Program Specialist 1

Multimedia Production Program Specialist 2

Museum Instructor

Museum Registrar

Museum Security Specialist

Museum Support Services Specialist 1

Museum Support Services Specialist 2

Navigation Manager

Network Program Administrator

Nurse Practitioner (Acute Care)

Nurse Practitioner (Adult Health)

Nurse Practitioner (Community Health)

Nurse Practitioner (Family Health)

Nurse Practitioner (Psychiatry)

Nurse Practitioner (Psychiatry) (Spanish Language)

Nursing Home Activities Assistant 1

Nursing Station Clerk 1

Nutrition Program Manager 1

Nutrition Program Manager 2

Nutrition Services Administrator 1

Nutrition Services Administrator 2

Occupational Therapist

Occupational Therapist Supervisor 1

Occupational Therapist Supervisor 2

Occupational Therapy Assistant

Ocean & Lakes Policy Analyst 1

Ocean & Lakes Policy Analyst 2

Offender Rehabilitation Coordinator

Offender Rehabilitation Coordinator (Alcohol & Substance Abuse Treatment)

Offender Rehabilitation Coordinator (Alcohol & Substance Abuse Treatment) (Spanish Language)

Offender Rehabilitation Coordinator (Manual Communications)

Offender Rehabilitation Coordinator (Spanish Language)

Office Assistant 1

Office Assistant 1 (Keyboarding)

Office Assistant 1 (Keyboarding) (Chinese Language)

Office Assistant 1 (Keyboarding) (Spanish Language)

Office Assistant 1 (Spanish Language)

Office Assistant 1 (Stores/Mail)

Office Assistant 2

Office Assistant 2 (Calculations)

Office Assistant 2 (Customer Service)

Office Assistant 2 (Customer Service) (Spanish Language)

Office Assistant 2 (Keyboarding)

Office Assistant 2 (Keyboarding) (Spanish Language)

Office Assistant 2 (Spanish Language)

Office Assistant 2 (Stores/Mail)

Optician

Optometric Technician

Park Manager 1

Park Manager 2

Park Manager 3

Park Recreation Activities Specialist

Park Sanitation Superintendent

Park Supervisor 1

Park Supervisor 2

Parking Operations Supervisor 1

Parking Operations Supervisor 2

Parks Regional Grants Administrator

Pathologist 2 (Aquatic)

Pathologist 2 (Wildlife)

Payroll Analyst 1

Payroll Assistant

Payroll Specialist 1

Payroll Specialist 2

Pesticide Control Specialist 1

Pesticide Control Specialist 1 (Spanish Language)

Pesticide Control Specialist 2

Pesticide Control Specialist 2 (Spanish Language)

Pharmacist

Pharmacy Aide

Pharmacy Consultant

Pharmacy Manager

Pharmacy Services Director

Pharmacy Supervisor

Pharmacy Supervisor (Practice & Registration)

Photographer 2

Photographer 4

Physical Therapist

Physical Therapist Supervisor 1

Physical Therapist Supervisor 2

Physical Therapy Assistant

Physician Assistant

Plant Superintendent A

Plant Superintendent B

Plant Superintendent C

Plant Utilities Assistant

Plant Utilities Engineer 1

Policy Analyst 1 (Public Authority)

Policy Analyst 4 (Public Authority)

Policyholder Services Representative 1

Power Systems Operations Specialist 4

Power Systems Operations Specialist 4 (Nuclear)

Power Transmission Planner 4

Principal Actuary Casualty

Principal Actuary Life

Principal Drafting Technician (Architectural)

Principal Drafting Technician (Electrical)

Principal Drafting Technician (General)

Principal Drafting Technician (Mechanical)

Principal Drafting Technician (Structural)

Principal Engineering Technician

Principal Engineering Technician (Soils)

Principal Investment Officer

Principal Laboratory Animal Caretaker

Principal Librarian Technical Processes

Principal Offset Printing Machine Operator

Principal Real Estate Appraiser

Principal Sanitarian

Print Equipment Operator 1 (Digital)

Print Equipment Operator 2 (Digital)

Production Control Supervisor

Production Planning & Control Manager

Professional Engineer 1 (Civil)

Professional Engineer 1 (Civil/Construction)

Professional Engineer 1 (Civil/Geotechnical)

Professional Engineer 1 (Civil/Structural)

Professional Engineer 1 (Civil/Transportation)

Professional Engineer 1 (Electrical)

Professional Engineer 1 (Environmental)

Professional Engineer 1 (Fire Protection)

Professional Engineer 1 (Gas Pipeline Safety)

Professional Engineer 1 (Industrial)

Professional Engineer 1 (Mechanical)

Professional Engineer 1 (Mechanical/HVAC)

Professional Geologist 1

Professional Land Surveyor 1

Program Aide

Program Aide (Spanish Language)

Program Operations Specialist 1

Program Outreach Specialist 1

Program Outreach Specialist 2

Program Research Specialist 1

Program Research Specialist 1 (Criminal Justice)

Program Research Specialist 1 (Economics Finance)

Program Research Specialist 1 (Health Care Finance)

Program Research Specialist 1 (Health Systems Analysis)

Program Research Specialist 1 (Human Services)

Program Research Specialist 1 (Public Health)

Program Research Specialist 1 (Transportation)

Program Research Specialist 2

Program Research Specialist 2 (Agriculture)

Program Research Specialist 2 (Criminal Justice)

Program Research Specialist 2 (Economics Finance)

Program Research Specialist 2 (Health Care Finance)

Program Research Specialist 2 (Health Systems Analysis)

Program Research Specialist 2 (Human Services)

Program Research Specialist 2 (Medical Assistance)

Program Research Specialist 2 (Public Health)

Program Research Specialist 2 (Transportation)

Program Research Specialist 4 (Health Care Finance)

Program Research Specialist 4 (Health Systems Analysis)

Program Research Specialist 4 (Medical Assistance)

Program Research Specialist 4 (Public Health)

Program Specialist 1 (Cannabis)

Program Specialist 2 (Cannabis)

Program Specialist 3 (Cannabis)

Programmer Analyst

Project Manager 1

Project Manager 2

Property Manager 1

Psychiatric Examiner (Psychologist)

Psychiatrist 1

Psychiatrist 1 (Addiction)

Psychiatrist 1 (Children & Youth)

Psychiatrist 1 (Chinese Language)

Psychiatrist 1 (Forensic)

Psychiatrist 1 (Spanish Language)

Psychiatrist 2

Psychiatrist 2 (Addiction)

Psychiatrist 2 (Children & Youth)

Psychiatrist 2 (Chinese Language)

Psychiatrist 2 (Forensic)

Psychiatrist 2 (Manual Communications)

Psychiatrist 2 (Research)

Psychiatrist 2 (Spanish Language)

Psychologist 1

Psychologist 1 (Spanish Language)

Psychologist 2

Psychologist 2 (Spanish Language)

Psychology Assistant 3

Public Buildings Manager 1

Public Buildings Manager 2

Public Buildings Manager 3

Public Buildings Manager 4

Public Buildings Manager 5

Public Health Educator

Public Health Field Services Representative 1

Public Health Field Services Representative 2

Public Health Inspector

Public Health Nutritionist 1

Public Health Program Nurse

Public Health Representative 1

Public Health Representative 2

Public Health Sanitarian

Public Health Specialist 1

Public Health Specialist 1 (Environment)

Public Health Specialist 2

Public Information Specialist 1

Public Information Specialist 1 (Spanish Language)

Public Information Specialist 2

Public Participation Specialist 1

Public Participation Specialist 2

Public Safety Grants Representative 1

Public Service Commission Operations Clerk 1

Publications Production Assistant

Publications Production Supervisor

Purchasing Agent

Quality Control Supervisor

Quick Draw Program Specialist

Radio Dispatcher

Railroad Inspector (Hazardous Materials)

Railroad Inspector (Motive Power & Equipment)

Railroad Inspector (Operating Practice)

Railroad Inspector (Signal and Train Control)

Railroad Inspector (Track)

Real Estate Specialist 1

Real Estate Specialist 2 (Conservation)

Real Property Analyst 1

Receptionist

Recreation Assistant

Recreation Assistant (Spanish Language)

Recreation Program Leader 1

Recreation Therapist

Recreation Therapist (Art)

Recreation Therapist (Dance)

Recreation Therapist (Music)

Recreation Therapist (Spanish Language)

Recreation Worker

Recreation Worker (Spanish Language)

Regional Coordinator Correctional Food Services

Regional Medical Care Administrator

Regional Park Maintenance Supervisor

Registered Nurse 1

Registered Nurse 1 (Chinese Language)

Registered Nurse 1 (Health Services)

Registered Nurse 1 (Manual Communications)

Registered Nurse 1 (Psychiatric)

Registered Nurse 1 (Psychiatric) (Chinese Language)

Registered Nurse 1 (Psychiatric (Spanish Language)

Registered Nurse 1 (Rehabilitation)

Registered Nurse 1 (Spanish Language)

Registered Nurse 1 (Teaching & Research Center)

Registered Nurse 2 (Community)

Registered Nurse 2 (Community) (Spanish Language)

Registered Nurse 2 (Geriatric)

Registered Nurse 2 (Medical Care)

Registered Nurse 2 (Psychiatric)

Registered Nurse 2 (Psychiatric) (Manual Communications)

Registered Nurse 2 (Psychiatric) (Spanish Language)

Registered Nurse 2 (Rehabilitation)

Registered Nurse 2 (Teaching & Research Center)

Registered Nurse 2 (Utilization)

Registered Nurse 3 (Consultant Development Disabilities)

Registered Nurse 3 (Consultant Mental Health)

Registered Nurse 3 (Correctional Services)

Registered Nurse 3 (Infection Control)

Registered Nurse 3 (Psychiatric Educator)

Registered Nurse 3 (Utilization)

Registered Nurse Supervisor 1

Registered Nurse Supervisor 1 (Health Services)

Registered Nurse Supervisor 1 (Psychiatric)

Registered Nurse Supervisor 1 (Rehabilitation)

Registered Nurse Supervisor 1 (Teaching & Research Center)

Rehabilitation Assistant 1

Rehabilitation Assistant 1 (Spanish Language)

Rehabilitation Assistant 2

Rehabilitation Assistant 2 (Manual Communications)

Rehabilitation Assistant 2 (Spanish Language)

Rehabilitation Counselor 1

Rehabilitation Counselor 2

Rehabilitation Counselor 2 (Chinese Language)

Rehabilitation Counselor 2 (Spanish Language)

Rehabilitation Hospital Community Relations Specialist

Rehabilitation Hospital Utilization Manager

Rehabilitation Provider Specialist 2

Rehabilitation Technologist 1

Rehabilitation Technologist 2

Rehabilitation Technologist 3

Rent Examiner 1

Rent Examiner 2

Rent Examiner 2 (Spanish Language)

Rental Housing Inspector 1

Rental Housing Inspector 1 (Spanish Language)

Residential Program Assistant 1

Residential Program Assistant 2

Residential Program Manager 1

Residential Program Manager 2

Residential Program Manager 3

Residential Program Manager 4

Residential Program Specialist

Residential Treatment Facility Coordinator

Resources & Reimbursement Agent 1

Resources & Reimbursement Program Development Specialist 1

Respiratory Therapist

Respiratory Therapist Supervisor 1

Respiratory Therapist Supervisor 2

Retirement Systems Information Representative 1

Revitalization Specialist 1

Revitalization Specialist 2

Safety & Health Inspector

Safety & Security Officer 1

Safety & Security Officer 1 (Spanish Language)

Sanitary Construction Inspector 2

Secure Care Treatment Aide 1

Security Hospital Treatment Assistant

Security Hospital Treatment Assistant (Spanish Language)

Security Officer

Security Officer (Spanish Language)

Security Services Assistant 1

Senior Accountant

Senior Actuary (Casualty)

Senior Actuary (Life)

Senior Administrative Analyst

Senior Attorney

Senior Attorney (Financial Services)

Senior Attorney (Realty)

Senior Budgeting Analyst

Senior Capital Program Analyst

Senior Companion Program Coordinator

Senior Computer Operator

Senior Consumer Frauds Representative

Senior Correctional Services Employee Investigator

Senior Drafting Technician (Architectural)

Senior Drafting Technician (General)

Senior Drafting Technician (Structural)

Senior Economist

Senior Economist (Environmental Impact)

Senior Economist (Labor Research)

Senior Economist (Milk Marketing)

Senior Editor Audit Reports

Senior Electronics Laboratory Engineer

Senior Employment Security Clerk

Senior Employment Security Clerk (Chinese Language)

Senior Employment Security Clerk (Creole Language)

Senior Employment Security Clerk (Korean Language)

Senior Employment Security Clerk (Polish Language)

Senior Employment Security Clerk (Russian Language)

Senior Employment Security Clerk (Spanish Language)

Senior Engineering Materials Analyst

Senior Engineering Research Editor

Senior Engineering Technician

Senior Engineering Technician (Soils)

Senior Environmental Analyst (Agriculture)

Senior Forest Appraiser

Senior Health Care Fiscal Analyst

Senior Health Care Management Systems Analyst

Senior Health Planner

Senior Historian

Senior Industrial Hygienist

Senior Industrial Superintendent

Senior Laboratory Animal Caretaker

Senior Laboratory Illustrator Cartographic

Senior Laboratory Illustrator Photographer

Senior Laboratory Technician

Senior Laboratory Worker

Senior Landscape Architect

Senior Librarian

Senior Librarian (Automation)

Senior Librarian (Law)

Senior Librarian (Reference)

Senior Librarian (Technical Processes)

Senior License Examination Specialist

Senior Licensed Practical Nurse 2

Senior Marine Services Representative

Senior Municipal Financial Analyst

Senior Occupational Therapist

Senior Offset Printing Machine Operator

Senior Physical Therapist

Senior Radio Dispatcher

Senior Radiological Health Specialist

Senior Recreation Therapist

Senior Recreation Therapist Spanish Language

Senior Sanitarian

Senior Statistician

Senior Superintendent Construction

Senior Training Technician Police

Senior Training Technician Veterans Services

Senior Trial Attorney

Senior Unemployment Insurance Referee

Senior Utility Financial Analyst

Service & Repair Mechanic Electronics

Service Area Representative

Shipping Supervisor

Social Work Assistant 1

Social Work Assistant 1 (Korean Language)

Social Work Assistant 1 (Manual Communications)

Social Work Assistant 1 (Spanish Language)

Social Work Assistant 2

Social Work Assistant 2 (Chinese Language)

Social Work Assistant 2 (Spanish Language)

Social Worker

Social Worker (Chinese Language)

Social Worker (Korean Language)

Social Worker (Manual Communications)

Social Worker (Spanish Language)

Social Worker 1

Social Worker 1 (Chinese Language)

Social Worker 1 (Spanish Language)

Speech-Language Pathologist

Speech-Language Pathologist & Audiologist Supervisor 1

Speech-Language Pathologist & Audiologist Supervisor 2

Standards Compliance Analyst 1 (Developmental Disabilities)

Standards Compliance Analyst 1 (Youth Services)

Standards Compliance Analyst 2 (Mental Health)

Standards Compliance Analyst 3 (Youth Services)

State Fair Administrator 1

State Fair Administrator 2

State Fair Administrator 3

State Program Examiner 1

State Program Examiner 1 (Fiscal)

State Program Examiner 1 (Systems)

Statistician

Stores Clerk 2 (Motor Equipment)

Student Loan Control Representative 1

Student Loan Control Representative 1 (Spanish Language)

Substance Abuse Counselor 1

Supervising Actuary Casualty

Supervising Actuary Life

Supervising Bridge Painter 1

Supervising Bridge Painter 2

Supervising Janitor

Supervisor Audiovisual Training & Production

Supervisor Correctional Facility Volunteer Services

Supervisor Correctional Facility Volunteer Tutors

Supervisor Facility Security

Supervisor Fire and Safety Program

Supervisor General Services Grounds Operations & Horticulture 1

Supervisor Highway Hauling Permit Programs

Supervisor Radio Communications

Supervisor Resource Development

Supervisor Security Services

Supervisor Utility Accounting & Finance

Supervisor Veterans Home Fiscal Administration

Supervisor Volunteer Services

Support Services Manager 1

Tax Compliance Agent 1

Tax Compliance Agent 1 (Spanish Language)

Tax Compliance Representative 1

Tax Compliance Representative 1 (Spanish Language)

Tax Law Judge

Tax Publications Editor 1

Tax Regulations Specialist 1

Tax Regulations Specialist 2

Technician 1

Taxpayer Services Representative 1

Taxpayer Services Representative 1 (Spanish Language)

Taxpayer Services Specialist 1

Taxpayer Services Specialist 1 (Spanish Language)

Teacher 1

Teacher 1 (Bilingual)

Teacher 1 (Spanish Language)

Teacher 2

Teacher 2 (Bilingual)

Teacher 2 (Spanish Language)

Teacher 3

Teacher 3 (Bilingual)

Teacher 3 (Spanish Language)

Teacher 4

Teacher 4 (Bilingual)

Teacher 4 (Spanish Language)

Teachers Retirement Examiner 1

Teaching & Research Center Licensed Practical Nurse

Teaching Assistant

Technical Writer 2

Temporary Assistance Specialist 1

Temporary Assistance Specialist 1 (Refugee and Immigrant Services)

Thruway Maintenance Supervisor 1

Title Searcher

Toll Electronic Systems Technician

Tourism Trade Specialist 3

Traffic Signal Coordinator

Traffic Signal Equipment Specialist

Traffic Supervisor

Traffic Systems Technician 1

Traffic Systems Technician 2

Training Specialist 1

Training Specialist 1 (Addictions)

Training Specialist 1 (Child Protective Services)

Training Specialist 1 (Child Welfare)

Training Specialist 1 (Instructional Design)

Training Specialist 1 (Juvenile Justice)

Training Specialist 1 (Mental Hygiene)

Training Specialist 1 (Nursing)

Training Specialist 2 (Addictions)

Training Specialist 2 (Child Protective Services)

Training Specialist 2 (Child Welfare)

Training Specialist 2 (Instructional Design)

Training Specialist 2 (Juvenile Justice)

Training Specialist 2 (Mental Hygiene)

Translator

Transportation Analyst

Transportation Office Assistant 2

Transportation Supervisor 1

Transportation Supervisor 2

Treatment Unit Clerk

Treatment Unit Clerk (Manual Communications)

Tree Pruner Supervisor

Unclaimed Funds Examiner 1

Underwriter 1

Underwriter 1 (Disability Benefits)

Unemployment Insurance Accounts Examiner

Unemployment Insurance Referee

Unemployment Insurance Referee (Spanish Language)

Unemployment Insurance Reviewing Examiner

University Police Communications & Security Specialist 1

Utility Analyst 1

Utility Analyst 1 (Cyber Security)

Utility Analyst 1 (Environmental)

Utility Analyst 1 (Telecommunications)

Utility Analyst 2

Utility Analyst 2 (Cyber Security)

Utility Analyst 2 (Environmental)

Utility Analyst 2 (Telecommunications)

Utility Analyst 3

Utility Consumer Assistance Specialist 1

Utility Consumer Assistance Specialist 1 (Spanish Language)

Utility Consumer Assistance Specialist 2

Utility Consumer Assistance Specialist 2 (Spanish Language)

Utility Consumer Assistance Specialist 3

Utility Consumer Assistance Specialist 4

Utility Consumer Assistance Specialist 5

Utility Consumer Program Specialist 1

Utility Consumer Program Specialist 1 (Spanish Language)

Utility Consumer Program Specialist 2

Utility Consumer Program Specialist 3

Utility Consumer Program Specialist 3 (Spanish Language)

Utility Consumer Program Specialist 4

Utility Consumer Program Specialist 5

Utility Engineering Specialist 1

Utility Engineering Specialist 1 (Gas Pipeline Safety)

Utility Engineering Specialist 3 (Acoustics)

Utility Specialist 1 (Safety)

Utility Specialist 1 (Telecommunications)

Utility Specialist 2 (Safety)

Utility Specialist 2 (Telecommunications)

Utility Supervisor

Utilization Review Coordinator

Verbatim Reporter 1

Veterans Benefits Advisor 1

Veterans Benefits Advisor 1 (Spanish Language)

Veterans Education Program Representative 1

Veterans Education Program Representative 2

Veterans Homes Finance Officer

Veterans Program Coordinator

Veterinarian 1

Veterinarian 2

Vocational Instructor 1

Vocational Instructor 1 (Spanish Language)

Vocational Instructor 2

Vocational Instructor 2 (Spanish Language)

Vocational Instructor 3

Vocational Instructor 3 (Spanish Language)

Vocational Instructor 4

Vocational Instructor 4 (Spanish Language)

Vocational Rehabilitation Counselor

Vocational Rehabilitation Counselor Assistant

Vocational Rehabilitation Counselor Assistant (Manual Communications)

Vocational Rehabilitation Counselor Assistant (Spanish Language)

Vocational Rehabilitation Counselor (Manual Communication)

Vocational Rehabilitation Counselor (Spanish Language)

Vocational Specialist 1

Vulnerable Persons Protection Specialist 1

Warehouse Manager

Warehouse Supervisor

Weights & Measures Specialist 1

Weights & Measures Specialist 2

Workers Compensation Examiner

Workers Compensation Examiner (Spanish Language)

Workforce Programs Specialist 1

Workshop Specialist

Youth Communications Aide

Youth Communications Supervisor

Youth Education Coordinator

Youth Recreation Specialist 1

Youth Recreation Specialist 2

Youth Support Coordinator 1

Youth Support Coordinator 1 (Spanish Language)

COUNTY SERVICE

WESTCHESTER COUNTY

All Departments

Auto Mechanics I

Auto Mechanics II

Automotive Mechanics

Auto Mechanic Helpers

Bridge Attendants

Charge Nurses

Charge Practical Nurses

Cooks

Community Outreach Workers

Community Services Aides

Community Work Assistants

Dental Clinicians (part-time)

Dental Hygienists

Dental Laboratory Technicians

Departmental Aide

Dietary Aides

Dining Room Supervisors

φ Director of Program Development II (Graphics) (1)

Excavating Machine Operators

First Aid Nurses

Garage Foremen

General Staff Nurses

Graphics Coordinators

Graphics Illustrators

Head Cooks

Head Motor Equipment Operators

Head Nurses

Head Seamstresses

Heavy Motor Equipment Operators

Housekeepers

Intermediate Cashiers (seasonal)

Junior Administrative Assistant(s) (HELP Program)

Junior Cashiers (seasonal)

Junior Laboratory Technicians

Labor Foremen

Laboratory Assistant

Laboratory Technician

Lead Housekeeping Aides

Lifeguard Captains

Lifeguard Captains (seasonal)

Lifeguards

Lifeguards-Lieutenants

Lifeguards (seasonal)

Maintenance Laborer (Auto)

Maintenance Laborers (Equipment)

Maintenance Laborer (HVAC)

Maintenance Laborers (HVAC)

Maintenance Laborer (Transportation)

Maintenance Laborers (Transportation)

Maintenance Laborers (Utility)

Maintenance Mechanics Grade 1 (Group of Classes)

Maintenance Mechanics Grade 2 (Group of Classes)

Maintenance Men

Maintenance Workers (Group of Classes)

Messengers

Motion Picture Operators

Motor Equipment Operators

Office Assistant (Word Processing)(s) (HELP Program)

Office Assistant (Word Processing-Spanish Speaking)(s) (HELP Program)

Pastry Cooks

Pediatric Nurse-Practitioners

φ Physicians (part-time)

Practical Nurses

Program Specialists (Graphics)

Psychiatrists (part-time)

Psychologists (part-time)

Readers

Recreation Leaders (Group of Classes)

Recreation Leaders (Group of Classes) (PT)

Recreation Specialists (PT)

Seamstresses

Secretary 1 (Word Processing)(s)

Senior Graphics Illustrators

Senior Housekeeping Aides

Senior Information Systems Clerk(s) (HELP Program)

Senior Laboratory Technicians (Group of Classes)

Senior Maintenance Mechanics Grade 1 (Group of Classes)

Senior Maintenance Mechanics Grade 2 (Group of Classes)

Senior Maintenance Mechanics Grade 3 (Group of Classes)

Senior Messengers

Senior X-ray Technicians

Sign Language Interpreters

Sign Language Interpreters-Certified

φ Supervisors of Nursing

Tree Trimmer Foremen

Tree Trimmers

X-ray Technicians

X-ray Technician Trainees (not to exceed 12 months)

Assigned Counsel, Office of

φ Director of Program Development II (Office of Assigned Counsel Training) (2)

Budget, Department of

φ Assistant to the Budget Director

Budget Analyst (HELP Program)

Junior Budget Analyst (HELP Program)

Community Mental Health,

Department of

Accountant II (1) (HELP Program)

φ Assistant Director of Division (Community Mental Health Clinic Operations)

φ Assistant to Commissioner (Community Mental Health) (1)

Assistant to Commissioner (Community Mental Health) (1) (HELP Program)

Assistant Director of Division (DCMH Clinic Operations) (1) (HELP Program)

Case Manager I (Mental Health Certified Peer Specialist) (s) (HELP Program)

Case Manager II (Developmental Disability Services) (s) (HELP Program)

Case Manager II (Social Work)(s) (HELP Program)

Case Manager II (Substance Abuse)(s) (HELP Program)

Case Manager II (TASC)(s) (HELP Program)

Case Manager II (TASC-Spanish Speaking)(s) (HELP Program)

Center Administrator-CMHS (HELP Program)

Program Director-Community Support System (HELP Program)

Program Specialist (Clinical Services) (s) (HELP Program)

Psychiatric Social Worker(s) (HELP Program)

Psychiatric Social Worker — Spanish Speaking(s) (HELP Program)

Reimbursement Specialist (Community Mental Health) (1) (HELP Program)

Senior Psychiatric Social Worker(s) (HELP Program)

Senior Psychiatric Social Worker — Spanish Speaking(s) (HELP Program)

Staff Assistant (Mental Health) (1) (HELP Program)

Staff Assistant (Mental Health) (s) (HELP Program)

Supervising Case Manager (Clinical Services) (2) (HELP Program)

Supervising Case Manager (Mobile Crisis Response Team) (s) (HELP Program)

Supervisor of Claims Auditing (1) (HELP Program)

Community Mental Health Board,

Office of the

Associate Directors of Division (Group of Classes)

Chiefs of Psychiatry (Group of Classes)

Community Workers—Mental Health

Directors of Clinical Services

Directors of Division (Group of Classes)

Consumer Protection, Department of

φ Deputy Director of Consumer Protection (1)

Deputy Director of Consumer Protection (1) (HELP Program)

Secretary to Director of Consumer Protection (1)(s) (HELP Program)

Senior Inspector of Weights and Measures (s) (HELP Program)

Staff Assistant (Weights and Measures)(s) (HELP Program)

Correction, Department of

Assistant(s) to Chaplain

Assistant Warden (1) (HELP Program)

Chaplain(s)

φ Chief Physician—Department of Correction

Director of Program Development II (Inmate Programs) (1) (HELP Program)

Director—Pastoral Care

Food Service Supervisors

Payroll Clerk (1) (HELP Program)

Program Administrator (Payroll/Personnel) (1) (HELP Program)

Program Administrator (Transitional Planning) (HELP Program)

Program Specialist (Pre-Release Services) (HELP Program)

φ Second Deputy Commissioners of Correction (2)

Secretary II (HELP Program)

Senior Dietary Aides

Senior Personnel Clerk(s) (HELP Program)

φ Special Assistant to the Commissioner of Corrections

County Attorney's Office

Docket and File Clerk (2) (HELP Program)

Legal Secretary (1) (HELP Program)

County Clerk’s Office

Senior Cashier (HELP Program)

Senior Clerk—County Clerk (HELP Program)

Senior Clerk—County Clerk (Spanish Speaking) (s) (HELP Program)

Staff Assistant (County Clerk) (s) (HELP Program)

Staff Assistant (County Clerk — Spanish Speaking) (1) (HELP Program)

County Executive, Office of the

Administrative Aides—County Executive

Assistant for Human Development—County Executive

φ Coordinator of Administrative Affairs

φ Coordinator of Veterans' Affairs (1)

φ Director of Aging (1)

φ Director of Disabled (1)

φ Director of Energy Conservation and Sustainability (1)

φ Director—Office of Employment and Training (1)

Director, Office for People with Disabilities (1)

Director, Office for Women (1)

φ Director of Real Estate (1)

φ Director of Women (1)

φ Director of Youth (1)

Director, Youth Bureau (1)

Manpower Director-County Executive

Program Administrator (Domestic Violence Services) (1) (HELP Program)

φ Program Administrator (Minority Affairs)

Program Specialist (Tourism) (1) (HELP Program)

Secretary to the Director of Real Estate (1)

Senior Community Services Project Trainees

Criminal Justice Planning, Office of

φ Deputy Director—Office of Criminal Justice Planning

φ Director—Office of Criminal Justice Planning

Secretary to Director—Office of Criminal Justice Planning

District Attorney, Office of the

Crime Analyst(s)

φ Director-County Wide Intelligence Center (1)

Domestic Violence Aides

φ Forensic Accountant(s)

Legal Secretary I (1) (HELP Program)

φ Manager of Network Operations-DA

Paralegal(s) (HELP Program)

Program Specialist (Community Education) (HELP Program)

Senior Crime Analyst (1) (HELP Program)

Senior Domestic Violence Aides

Staff Assistant(s) (Bilingual Services)

Emergency Services, Department of

Arson Investigator(s)

Assistant to Commissioner (Emergency Services) (1) (HELP Program)

φ Director - Office of Emergency Management

Director of Program Development II (Emergency Communications Center)

Director of Program Development II (Fire Services) (HELP Program)

Disaster Volunteer Coordinator(s) Part Time

Emergency Communications Specialist Trainee(s) (HELP Program)

φ Emergency Services Training Instructors (PT)

φ EMS Mutual Aid Coordinators (PT)

Fire Inspector(s) Part Time

φ Fire Mutual Aid Coordinators (PT)

Fire Training Assistant (2) (HELP Program)

Program Administrator (Office of Emergency Management) (1) (HELP Program)

Staff Assistant (Emergency Services) (1) (HELP Program)

Environmental Facilities, Department of

Accountant (1) (HELP Program)

Assistant Director of Operations — Solid Waste (1) (HELP Program)

Assistant Environmental Chemist(s) (Environmental Facilities)

Assistant Water District Superintendent (1) (HELP Program)

Associate Engineer (Construction)(s) (HELP Program)

Chief Wastewater Pumping Plant Operator II (1) (HELP Program)

Director of Maintenance — Environmental Facilities (1) (HELP Program)

Director of Program Development II (Personnel) (HELP Program)

φ Director of Water Agency (1)

Environmental Project Director (1) (HELP Program)

Facility Superintendent I (2) (HELP Program)

Maintenance Laborers (Environmental Facilities)

Manager-Transfer Station 2 (HELP Program)

Process Control Technician(s) (HELP Program)

Program Administrator (Environmental Facilities) (1) (HELP Program)

Program Administrator (Health & Safety) (1) (HELP Program)

Program Administrator (Solid Waste) (1) (HELP Program)

Program Coordinator (Capital Region) (1) (HELP Program)

Program Specialist (Composting Operations) (HELP Program)

Program Specialist (Environmental Facilities) (1) (HELP Program)

Program Specialist (Transfer Station) (1) (HELP Program)

Senior Engineer (Process Control) (1) (HELP Program)

Senior Excavating Machine Operators

Senior Water Treatment Plant Operator(s) (HELP Program)

Sewer Maintenance Foremen

Solid Waste Inspector(s) (HELP Program)

Staff Assistant (Solid Waste) (1) (HELP Program)

Superintendent — Landfills (1) (HELP Program)

Superintendent of Maintenance — Environmental Facilities

Superintendent of Maintenance — Environmental Facilities (HELP Program)

Supervisor Plant Operations — Wastewater (1) (HELP Program)

Wastewater Treatment Plant Operator(s) (HELP Program)

Wastewater Treatment Plant Operator Trainee(s) (HELP Program)

Finance, Department of

Buyer (3) (HELP Program)

φ Director of Internal Auditing

Director of Operations (Benefits & Compliance) (1) (HELP Program)

Director of Program Development II (Grant Accounting) (1) (HELP Program)

Financial Compliance Examiner II (2) (HELP Program)

Payroll Manager (1) (HELP Program)

Program Administrator (Benefits) (1) (HELP Program)

Program Specialist (Benefits) (2) (HELP Program)

Program Specialist (Shared Services-Purchasing) (1) (HELP Program)

Supervisor of Claims Auditing(s) (HELP Program)

General Services, Department of

Motor Equipment Services Foreman

φ Purchasing Agent (1)

Health, Department of

Adult Nurse Practitioners

Assistant Chiefs of Section (Group of Classes)

φ Assistant Commissioner of Health (Neighborhood Health Center)

Assistant Commissioner of Health (Regulatory Affairs and Compliance) (1) (HELP Program)

Assistant Engineer (Public Health)(s) (HELP Program)

φ Assistant to the Commissioner (Health) (1)

Associate Directors of Division (Group of Classes)

Associate Sanitarian (1) (HELP Program)

Chiefs of Section (Group of Classes)

Community Health Workers

Dental Assistants

φ Dentists—Health Department

φ Deputy Commissioner of Health

φ Deputy Commissioner of Health for Disease Control

Directors of Division (Group of Classes)

Director of Program Development II (Health Administration) (1) (HELP Program)

Director of Program Development II (Personnel) (1) (HELP Program)

Early Intervention Specialist (General) (1) (HELP Program)

Educational Specialist

Environmental Health Technician I (s) (HELP Program)

Family Planning Nurse Practitioners

Health Guides

Health Guides (Project Coordinator)

Health Guide Supervisors

Health Investigator — Communicable Disease (HELP Program)

Health Investigator — Communicable Disease (Spanish Speaking) (1) (HELP Program)

Intermediate Nursing Aides

Medical Assistant(s) (1) (HELP Program)

Medical Data Analyst I (s) (1) (HELP Program)

Nurse Clinicians

Nurse Epidemiologists

Nurse-Midwives

Nutritionist — Spanish Speaking (s) (HELP Program)

Physician Assistant

φ Physicians—C.H.A.P. Program

φ Physicians—Cervical Cancer Screening Program

φ Physicians—Neighborhood Health Center (Group of Classes)

Program Administrator (STD-HIV) (1) (HELP Program)

Program Coordinator (Special Children’s Health Services) (1) (HELP Program)

Program Specialist (AIDS Programs) (1) (HELP Program)

Program Specialist (Environmental Facilities) (1) (HELP Program)

Program Specialist (Health Emergency Preparedness) (1) (HELP Program)

Program Specialist (Health — Spanish Speaking) (HELP Program)

Public Health Nurse(s) (HELP Program)

Research Analyst (Health) (1) (HELP Program)

Staff Assistant (Health — Spanish Speaking) (1) (HELP Program)

Staff Assistant (Solid Waste) (1) (HELP Program)

Staff Nutritionist (WIC) (2) (HELP Program)

Sanitarian(s) (HELP Program)

Senior Nursing Aides

Toxicologists

Transportation Assistant II — Operation(s) (HELP Program)

Human Resources, Department of

φ Assistant Commissioner of Health (Regulatory Affairs and Compliance) (1)

Assistant Director of Recruitment and Selection (1) (HELP Program)

φ Assistant to Commissioner (Human Resources) (1)

Assistant to the Commissioner of Human Resources (1) (HELP Program)

φ Deputy Commissioner of Human Resources (2)

Early Intervention Specialist(s) (Group of Classes) part time only

Human Resources Specialist II(s) (HELP Program)

Recruitment Coordinator (1) (HELP Program)

Staff Assistant(s) (Bi-Lingual)

Human Rights Commission

Deputy Director Human Rights Commissioner (1) (HELP Program)

Human Rights Investigator(s) (HELP Program)

Staff Assistant (Human Rights Commission — Spanish Speaking) (1) (HELP Program)

Information Technology, Department of

Assistant Chief Information Officer (3) (HELP Program)

Assistant Chief Information Officer—GIS (1) (HELP Program)

φ Assistant to Chief Information Officer (1)

Assistant Director of Telecommunications (1) (HELP Program)

Geographic Information Systems Specialist(s) II

Geographic Information Systems Specialist II (1) (HELP Program)

Information Technology Intern(s)

Program Administrator(s) (Graphics)

Program Administrator (Radio Systems) (2) (HELP Program)

Program Administrator(s) (Radio Systems)

Program Administrator(s) (Telecommunications)

Program Administrator(s) (Telecommunications)(s) (HELP Program)

Program Administrator(s) (Web Editing) (1) (HELP Program)

Program Coordinator (Asset Management) (1) (HELP Program)

Program Coordinator (Media Services) (1)

Senior Records Clerk (1) (HELP Program)

Workstation Engineer I (s) (HELPS Program)

Laboratories and Research, Department of

Assistant Director(s) of Forensic Sciences

Assistant Environmental Bacteriologist (1) (HELP Program)

Assistant Environmental Chemist (Inorganic)

Assistant Environmental Chemist (Organic) (3) (HELP Program)

Assistant Forensic Scientist(s)

Assistant Microbiologist(s)

φ Assistant Pathologist—Assistant Medical Examiner

Assistant Toxicologists (L&R)

Budget Specialist II (HELP Program)

φ Chief—Microbiological Services (1)

φ Chief Adminstrator—Labs and Research (1)

Chief of Laboratories (L&R Microbiology) (1)

Consultant Pathologists (PT) (L&R)

Consultants (PT) (L&R)

Consultants (PT) (L&R) (Group of Classes)

Consultants—Forensic Odontologist

Consultants—Forensic Pathologist

Consultants—Neuropathologist

Director of Forensic Sciences

Director of Program Development II (Microbiology/Biodefense()

φ Director of Toxicological and Forensic Sciences

φ Director of Toxicology (1)

Environmental Bacteriologist (HELP Program)

Environmental Chemist (Inorganic) (HELP Program)

Environmental Chemist (Organic)(s) (HELP Program)

Forensic Science Specialist — Multimedia (1)

Forensic Science Specialist(s)

Forensic Scientist(s)

Forensic Scientist Trainee(s)

Histologist (1) (HELP Program)

Laboratory Helper Trainees

Medical Examiner-Investigator (1) (HELP Program)

Medical Photographers

Microbiologist(s)

Microbiologist(s) (HELP Program)

Office Assistant (Labs & Research) (1) (HELP Program)

φ Pathologist—Assistant Medical Examiner

φ Pathologist—Associate Medical Examiner

Pathologists 1 (L&R) (PT)

Pathologists 2 (L&R) (PT)

Program Coordinator (Environmental Management and Safety) (HELP)

Program Specialist (Medical Examiner) (HELP Program)

Senior Autopsy Assistants

Senior Environmental Chemist (Organic)(s) (HELP Program)

Senior Forensic Specialist(s)

Senior Microbiologist(s) (HELP Program)

Senior Microbiologist(s)

Senior Toxicologists

Toxicologists

Toxicologist Specialists

Law, Department of

φ Director of Risk Management (1)

Real Property Consultant

Risk Management Analyst (1) (HELP Program)

Senior Risk Management Analyst (1) (HELP Program)

Special Assistant to County Attorney (1) (HELP Program)

Trial Assistant

Parks, Recreation and Conservation,

Department of

All positions at Croton Point Camp (not to exceed three months)

Animal Specialists

Assistant Curators (part-time)

Assistant Facility Manager (seasonal) (PRC)

Assistant Facility Managers (part-time)

Assistant Games Manager (PRC)

Assistant Games Managers

Assistant Greenskeepers

Assistant Manager — County Center Operations (HELP Program)

Assistant Ride Managers 1 (seasonal)

Assistant Ride Managers 2 (seasonal)

Camp Counselors (seasonal)

Caretaker—Washington Headquarters

Cashiers—Golf Course

Chief Attendant (4)

County Historian

Director of Maintenance — PRC (HELP Program)

Director of Program Development II (Parks) (1) (HELP Program)

Director of Program Development II (PRC Planning) (HELP Program)

Director of Programs and Services-PRC (1) (HELP Program)

Facility Managers (part-time)

Farm Manager

First Aid Attendants (seasonal)

Forester (1) (HELP Program)

Games Manager (PRC)

Greenskeepers

Intermediate Attendants—Playland (seasonal) (PRC)

Junior Attendants—Playland (seasonal) (PRC)

Lifeguard Captains

Lifeguards

Maintenance Laborers (Golf Course)

Maintenance Laborers (PRC)

Nurserymen

Operating Superintendent (PRC)

Park Foremen

Park Operations Manager — Playland (1) (HELP Program)

Principal Teachers (seasonal/part-time) (April 1-September 30)

Program Administrator (Maintenance) (HELP Program)

Program Specialist (Agricultural and Environmental Resources) (HELP Program)

Range Officers

Rangers

Recreation Leaders (Group of Classes)

Ride Managers 1 (seasonal)

Ride Managers 2 (seasonal)

Senior Attendants—Playland (seasonal) (PRC)

Senior Excavating Machine Operators

Senior Recreation Leaders (PT)

Skating School Coordinator

Staff Assistant (Hilltop) (1) (HELP Program)

Starters—Golf Course

Supervising Attendants—Playland (seasonal) (PRC)

Tree Trimmer Foremen

Personnel, Department of

φ Director of Labor Relations

φ Equal Employment Opportunity Coordinator

Planning, Department of

Associate Planner (Environmental Planning) (2) (HELP Program)

Associate Planner (Planning) (1) (HELP Program)

Associate Planner (Transportation) (1) (HELP Program)

Chief Planner (1) (HELP Program)

Director of Planning — Transportation (1) (HELP Program)

φ Director — Water Agency (1)

Junior Landscape Architect (1) (HELP Program)

Landscape Architect (2) (HELP Program)

Planner (Planning) (1) (HELP Program)

Principal Planner (Environmental Planning) (2) (HELP Program)

Principal Planner (Transportation) (1) (HELP Program)

Program Specialist (Transportation) (1) (HELP Program)

Program Specialist (Transportation Information Systems) (HELP Program)

Probation, Department of

φ Commissioner of Probation (1)

φ Deputy Commissioner of Probation (1)

φ Deputy Director of Probation (2)

Public Administrator, Office of the

φ Deputy Public Administrator

Estate Investigator (1)

Public Safety Services

Ballistics Technicians

Crime Analyst(s)

φ Director of Intelligence, Security and Counter—Terrorism (Until first vacated after November 30, 2006)

Emergency Communications Specialist Trainee(s) (HELP Program)

Payroll Clerk (1) (HELP Program)

Public Works, Department of

Assistant Architect (HELP Program)

Assistant Superintendent — Road Maintenance (2) (HELP Program)

Building Service Supervisors

Chief Road Maintainers 1

Chief Road Maintainers 2

Pest Controllers

Program Administrator (Capital Planning Program) (HELP Program)

Senior Engineer (Construction) (HELP Program)

Senior Engineer (Electrical) (HELP Program)

Senior Engineer (Mechanical) (HELP Program)

Senior Excavating Machine Operators

Superintendent of Buildings (1)

Public Works and Transportation, Department of

Assistant Engineer (Civil)(s) (HELP Program)

Assistant Engineer (Electrical)(s) (HELP Program)

Assistant Engineer (Mechanical)(s) (HELP Program)

Associate Engineer (Civil)(s) (HELP Program)

Associate Engineer (Electrical)(s) (HELP Program)

Construction Coordinator (s) (HELP Program)

φ Assistant to the Commissioner (Public Works and Transportation) (1)

φ Deputy Commissioner of Public Works and Transportation (2)

Director of Surface Transportation Services (1) (HELP Program)

φ Executive Director — Aviation (1)

Heating Plant Operator Trainee(s) (HELP Program)

Junior Architect(s) (HELP Program)

Program Administrator (Transportation) (1) (HELP Program)

Program Coordinator (Building Code Enforcement) (1) (HELP Program)

Program Coordinator (Public Works and Airport Services) (1) (HELP Program)

Program Coordinator (Traffic Engineering and Planning) (1) (HELP Program)

Program Coordinator (Transportation) (1) (HELP Program)

Program Specialist (Public Works) (1) (HELP Program)

Program Specialist (Transportation) (1) (HELP Program)

Road Maintenance Supervisor

Senior Architect (1) (HELP Program)

Senior Engineering Technician (Traffic) (1) (HELP Program)

Senior Personnel Staff Assistant (1) (HELP Program)

Senior Transportation Information Assistant(s) (HELP Program)

Senior Transportation Information Assistant(s) (Spanish Speaking) (1) (HELP Program)

Superintendent of Road Maintenance (1) (HELP Program)

Transportation Assistant I-Operations(s) (HELP Program)

Senior Programs, Department of

Accountant II (1) (HELP Program)

Assistant to Commissioner (Senior Programs & Human Services) (1) (HELP Program)

Director of Program Development II (Senior Programs) (1) (HELP Program)

Staff Nutritionist (Nutrition Program for the Elderly) (HELP Program)

Social Services, Department of

Accountant III (1) (HELP Program)

Assistant Director — Office of Employment and Training (Planning & Evaluation) (1) (HELP Program)

φ Assistant to the Commissioner (Social Services) (2)

Associate Commissioner — Social Services (1) (HELP Program)

Child Welfare Manager I(s) (HELP Program)

Child Welfare Manager III (1) (HELP Program)

φ Commissioner of Social Services Confidential Investigator

φ Deputy Commissioner of Social Services (GC) (4)

Director — Housing Counsel (1) (HELP Program)

Director of Child Welfare (1) (HELP Program)

Director of Community Relations — DSS (1) (HELP Program)

φ Director of Community Relations — DSS (1)

φ Director — Office of Housing Counsel (1)

Director of Operations (Child Welfare Case Management) (1) (HELP Program)

φ Director of Operations (Commissioner’s Office — DSS) (1)

φ Director of Pediatric Services—Social Services

Director of Program Development II (Employment and Training) (1) (HELP Program)

Eligibility Clerk(s) (HELP Program)

Eligibility Clerk (Spanish Speaking)(s) (HELP Program)

Eligibility Examiner(s) (HELP Program)

Eligibility Examiner (Spanish Speaking)(s) (HELP Program)

Field Nurses (GC)

Field Nurses (PT)

φ First Deputy Commissioner of Social Services

HRIS Specialist (1) (HELP Program)

Manager — Child Support Accounts (1) (HELP Program)

Nurse Clinicians

Personnel Clerk(s) (HELP Program)

Program Administrator (DSS Response Unit) (1) (HELP Program)

Program Administrator (Office of Housing Counsel) (1) (HELP Program)

Program Administrator (Payroll/Personnel) (1) (HELP Program)

Program Administrator (Temporary Financial Services) (1) (HELP Program)

Program Specialist (Child Support Recovery) (1) (HELP Program)

Program Specialist (Social Services) (2) (HELP Program)

Program Specialist (Youth Services) (1) (HELP Program)

Senior Audit Clerk (1) (HELP Program)

Senior Personnel Staff Assistant(s) (HELP Program)

Senior Personnel Staff Assistant (Spanish Speaking) (1) (HELP Program)

Senior Social Caseworkers (HELP)

Senior Social Caseworkers (Spanish Speaking) (HELP)

Social Caseworkers (HELP)

Social Caseworkers (Spanish Speaking) (HELP)

Supervisor — Fiscal Operations (1) (HELP Program)

Supervisor of Fair Hearings (1) (HELP Program)

Temporary Assistance Manager I (1) (HELP Program)

Temporary Assistance Manager II (1) (HELP Program)

Solid Waste Commission

φ Executive Director of Solid Waste Licensing

φ Deputy Director Solid Waste Licensing (1)

Management Assistant (Investigations) (1) (HELP Program)

Program Coordinator Solid Waste Licensing (HELP Program)

Secretary to the Executive Director of the Solid Waste Commission (HELP Program)

Solid Waste Inspector (1) (HELP Program)

Westchester Community College

Budget Specialist II (1) (HELP Program)

Building Service Supervisors

Senior Buyer (1) (HELP Program)

Westchester Health Care Corporation

Health Student Intern(s)

Veterans Service Agency, Office of the

φ Director, Veterans Service Agency (1)

SPECIAL DISTRICT SERVICE

COOPERATIVE LIBRARY SYSTEMS

Bookmobile Clerk-Drivers (part-time)

Bookmobile Driver

Clerk (part-time)

Delivery Truck Driver

Janitor (part-time)

Librarian Trainee (3½-year term)

Library Director 3 (part-time)

Library Director 4 (part-time)

Library Director 5 (part-time)

Library Display Artist (part-time)

Motor Equipment Operator

Senior Librarian 1 (part-time)

Senior Librarian 2 (part-time)

Senior Library Clerk (part-time)

Treasurer (part-time)

Typist (part-time)

φ Positions which are confidential or require the performance of functions influencing policy.

** Employment not to exceed 12 months.

*** Employment not to exceed 18 months.

4 CRR-NY App. 3 Appendix 3 {#sec-4-crr-ny-app.-3 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY App. 3}

POSITIONS CLASSIFIED IN THE LABOR CLASS

(cf. Part 57)

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

4 CRR-NY App. 4 Appendix 4 {#sec-4-crr-ny-app.-4 omnilex-key=us-ny-regs-official--title-4--4 CRR-NY App. 4}

SUMMARY OF THE RULES

THE PUBLIC EMPLOYMENT RELATIONS BOARD

INTRODUCTION

The following is a summary of the Rules adopted under provisions of the Public Employees' Fair Employment Act (Taylor Law). This summary is designed to help public employers, public employees and employee organizations understand their responsibilities and rights under the Act. As such, it summarizes relevant aspects of the Act and of the Rules adopted by the New York State Public Employment Relations Board.

The criteria adopted by the Board (e.g., those relating to the requirements for the filing of petitions and to showings of interest) need not be adopted by impartial agencies operating under provisions of the Act which authorize local governments to enact their own procedures.

The Taylor Law and the Rules of the Board:

Give public employees the right to join or refrain from joining any employee organization;

Give public employees the right to be represented by employee organizations of their own choosing and to negotiate collectively with their public employers;

Allow for the designation of persons as "managerial" or "confidential";

Require public employers to negotiate with the duly recognized or certified representatives of their employees and to enter into written agreements with them;

Oblige public employers and employee organizations to refrain from "improper practices" which deny to employees rights granted by the Act;

Establish impasse procedures for the resolution of disputes in negotiations in the public sector;

Prohibit strikes by public employees.

Fundamental to the exercise of these rights is the selection of organizations to represent employees in collective negotiations. The selection of such organizations involves two basic issues: the determination of an appropriate negotiating unit, and the determination of the employee organization which will represent the public employees in the unit determined to be appropriate.

These determinations may be made jointly by a public employer and its public employees so long as they are not disputed. The designation of an employee organization as negotiating agent in this manner is called recognition. Where the representation status of an employee organization is challenged or when the public employer does not grant recognition after receiving a request for recognition from an employee organization, the question involved must be resolved by the Public Employment Relations Board or by a local impartial agency in accordance with provisions and procedures established by the local government under sections 206.1 or 212 of the Act. In the absence of established local government procedures under sections 206.1 or 212 of the Act, or when the procedures established under section 206.1 do not provide for resolution of disputes by an impartial agency (both of these sections are discussed in this summary), questions regarding the selection of employee organizations will be resolved by PERB in accordance with its own Rules.

REPRESENTATION PROCEEDINGS

When confronted with a request for recognition by one employee organization, an employer must initially resolve the two basic issues cited above: the appropriateness of the unit and the status of the employee organization. If the employer, after deciding upon what it believes to be the appropriate unit for collective negotiations, determines that the employee organization involved represents the employees it claims to represent within that unit, it should grant recognition to that employee organization. If there is no dissent from this determination, there is no need for PERB to become involved. A question concerning representation may be brought before the Board in the following ways:

By a public employer who has received a request for recognition.

By a public employer seeding a determination that certain of its employees are managerial or confidential —Such an employer may file an application with PERB from the first day of the fourth month through the last day of the fifth month after the commencement of its fiscal year.

No response by the public employer to a request for recognition —In the event that the public employer makes no response to a request for recognition, the party seeking recognition may, after thirty days and within sixty days, file a petition for certification with PERB.

Refusal by the public employer to grant recognition —Within thirty days thereafter, a petition for certification may be filed with PERB by the party which is refused recognition by the public employer.

There is objection to the public employer's recognition of an employee organization —A petition for certification and/or decertification may be filed by, or on behalf of a competing employee organization, or a petition for decertification may be filed by am employee or group of employees, which has reason to believe that there has been an error either in establishment of the negotiating unit or in granting recognition. This petition must be filed within thirty days after the employer has posted and published notice that it has granted recognition to an employee organization. Such posting and publication are required immediately after the granting of recognition. Upon the expiration of the period during which an employee organization is entitled to unchallenged representation statue—A petition for certification or decertification may be filed during the thirty days preceding the expiration of this period.

PROCESSING OF PETITIONS BY PERB

Once a petition is filed with PERB, it will be reviewed by the Director.

Appropriate negotiating unit —It is recognized that in many cases different parties may be able to argue with varying degrees of logic that different units are appropriate. The complexity of this issue was recognized by the Legislature, which included in the Taylor Law a mandate for continuous study of the question. The Act does, however, set forth the following criteria for determination of an appropriate unit:

(a) Community of interest —This is a most significant element that must be considered in determining the appropriate unit in a particular case. The following will be important in this regard: whether the employees sought to be grouped together are subject to common working rules, personnel practices, environment or salary and benefit structure. A helpful question to ask is whether any real conflict of interest exists among the employees in the proposed unit.

(b) Power to reach agreement —Briefly, this means that the agent of the public employer who would ordinarily deal with the proposed unit should have the power to act effectively concerning the terms and conditions of employment to be negotiated.

(c) Responsibilities to the public —The proposed unit must be compatible with the joint responsibilities of the public employer and the employees to serve the public. This criterion means that a proposed negotiating unit might be inappropriate if its structure and composition were found to interfere with providing a service to the public. It takes into consideration the administrative convenience of the employer and suggests that an excessive number of units is undesirable. On the other hand, too large a unit would preclude meaningful and effective negotiations.

To summarize, the following criteria, among others, are considered in determining the appropriate negotiating unit in each particular case: (a) the manner in which wages and other terms of employment are determined; (b) the method of job and salary classification; (c) interdependence of jobs and interchange of employees; (d) the desires of employees (this is indicative of a felt community of interest); (e) past practices regarding organization and negotiations; (f) the manner in which the employer is organized to do his job; (g) occupational differences; and (h) the number of employee organizations with which the employer might have to negotiate.

Showing of interest —At the outset of the proceeding, it will be determined administratively whether the employee organization involved has the support of a sufficient number of employees in filing the petition to warrant further processing of the petition. In making this determination, the following showing of interest requirements will be applied unless the petitioner or intervenor is a public employer.

(a) In cases where there has been no response by the public employer to the demand for recognition, where the employer has expressly refused to grant recognition, or where the period of unchallenged representation of an employee organization is expiring, a showing of interest of 30% of the employees in the unit alleged to be appropriate shall be required.

(b) In cases where the petitioner is seeking to review a decision by a public employer to voluntarily recognize an employee organization, a showing of interest of 10% of the employees in the unit deemed appropriate by the employer or alleged to be appropriate by the petitioner shall be required.

(c) Where an employee organization is seeking to intervene in a representation proceeding, a showing of interest of 10% of the employees in the unit already claimed to be appropriate or alleged to be appropriate by the employee organization seeking intervention shall be required.

Ordinarily, the accepted indicia of a showing of interest are evidence of dues deduction authorizations which have not been revoked, evidence of current membership, designation cards or petitions which were signed and dated within six months of the filing of the petition, or a combination of these.

Exclusivity —If an employee organization becomes an exclusive negotiating agent, it must represent all employees within the negotiating unit, whether or not such employees are members of the organization. It should be noted that employees cannot be required to join any employee organization.
Certification by PERB without an election —If the choice available to the employees in a negotiating unit is limited to the selection or rejection of a single employee organization, that choice may be ascertained on the basis of dues deduction authorizations which have not been revoked, or by individual designation cards which have been executed within six months prior to the certification, or by a combination of both.
Certification by PERB after an election —If an election is held, it will be by secret ballot and if an employee organization is found by PERB to represent a majority of those eligible employees who cast valid ballots, that employee organization will be certified as the negotiating agent.
Interference with representation procedures —Conduct by any party that prejudices the right of public employees to form, join and participate in or to refrain from forming, joining and participating in concerted activities on behalf of any employee organization of their own choosing will be grounds for setting aside the results of a representation election. If such conduct is determined to have taken place after the filing of a petition in a representation proceeding before PERB, objections nay be filed within five working days after final results of the election have been furnished by PERB to the parties. The objections then will be investigated, hearings will be held, if necessary and the representation election will be set aside if it is determined that there is merit to the objections.

RIGHTS OF A CERTIFIED OR RECOGNIZED EMPLOYEE ORGANIZATION

Once an employee organization has been either recognized or certified, it is extended the right to:

Represent the employees within the unit in negotiations and in settlement of grievances;

Check-off upon presentation to the employer of check-off authorization cards signed by individual employees; and

Unchallenged representation status for the period provided in section 208.2 of the Act.

IMPROPER PRACTICES

PERB has exclusive jurisdiction to prevent improper employer and improper employee organization practices throughout the State, except that the New York City Office of Collective Bargaining may presently also exercise this authority in its jurisdiction. The Act prohibits a public employer from interfering with the exercise of the rights which it grants to public employees; it prohibits a public employer from dominating or interfering with the internal affairs of any employee organization and requires every public employer to negotiate in good faith with recognized and certified representatives of its public employees. Employee organizations are also required to negotiate in good faith and are prohibited from interfering with or coercing public employees in the exercise of rights granted by the Taylor Law.

Charges that a public employer or an employee organization is guilty of an improper practice may be filed within four months thereof by any public employee, an employee organization or a public employer. The person, employee organization or government issuing the charge will be responsible for prosecuting it.

LOCAL GOVERNMENT PROCEDURES UNDER SECTION 206.1 OF THE ACT

Under this section, which does not apply to the State or State public authorities, local public employers may adopt procedures for resolving representation disputes if such procedures are "not inconsistent" with the standards of section 207 of the Act. These procedures are to be adopted by the public employer's legislative body and require appropriate consultation with interested parties. If such procedures provide for the use of an impartial agency to resolve local representation disputes, PERB will conduct, upon receipt of a petition filed in timely fashion under Part 202 of these Rules, a limited review concerned only with whether the procedures established are consistent with the provisions of sections 206.1 and 207 of the Act and pertinent sections of these Rules, whether the procedures have been followed, and whether the decision reached by the impartial agency is repugnant to the Taylor Law. If there is procedural regularity, and no repugnancy exists, PERB's role will cease. If an impartial agency is not used, PERB may review the proceeding de novo.

An impartial agency, as used in this context and with regard to section 212 of the Act, means an agency independent of the local government and without predisposition or appearance of predisposition to favor such local government or any employee organization.

LOCAL GOVERNMENT PROCEDURES UNDER SECTION 212 OF THE ACT

Under section 212 of the Act, the legislature of a local government may enact a complete set of provisions and procedures for resolving representation disputes and settling impasses arising in the course of collective negotiations and procedures for penalizing employee organizations which violate the strike prohibition of the Act. These provisions and procedures, before being implemented, must be found by PERB to be substantially equivalent to the provisions and procedures of the Act and these Rules. Among other things, PERB requires that the administration of the local provisions and procedures be by an impartial agency. The local enactment must also provide that (a) the effective date of repeal, if any, shall be not less than sixty days after notice of the repeal has been given to PERB, and (b) no amendment be effective until PERB finds that the provisions and procedures as amended are substantially equivalent to the provisions and procedures of the Act and these Rules.

If PERB determines that the local enactment is substantially equivalent, the impartial agency created thereby will stand in the stead of PERB and its actions will be reviewable by PERB only to insure that the continued implementation of the local provisions and procedures is substantially equivalent to the provisions and procedures of the Act and these Rules.

IMPASSE

Section 209 of the Taylor Law provides that public employers and recognized or certified employee organizations may enter into written agreements setting forth procedures to be invoked if disputes between them reach an impasse during the course of collective negotiations. These written agreements may be incorporated in a general, collectively negotiated contract, or may be separate written agreements for the limited purpose of resolving particular disputes. If the agreed-upon machinery for resolving disputes breaks down, or if the parties fail to agree upon such procedures, PERB is obliged to invoke the procedures detailed in section 209, subdivision 3 of the Act.

Section 209 of the Taylor Law also provides that public employers may agree to submit unresolved issues to arbitration. If requested by both parties to a dispute, PHRB will furnish an arbitrator, provided that the parties are not subject to the jurisdiction of an agency established by a local government pursuant to section 212 of the Act. The Director of Conciliation will adopt procedures which give the parties an opportunity to participate in the selection of the arbitrator.

GRIEVANCES

A negotiated agreement may provide for arbitration for the resolution of grievances. The Public Employment Relations Board maintains a panel of arbitrators who are available to service parties to a grievance dispute at the expense of the parties.

STRIKES AGAINST A PUBLIC EMPLOYER

Section 210.1 of the Act makes it unlawful for any employee or an employee organization to engage in, cause, instigate, encourage or condone a strike. A charge that section 210.1 is being, or has been, violated by an employee organization may be made by the chief legal officer of the government involved or by the Counsel to PERB upon his own motion. A hearing will then be held by the Board to determine whether there is merit to the charge. One of the points of inquiry, if raised by the employee organization, will be whether the public employer or its representatives engaged in such acts of extreme provocation as to detract from the responsibility of the employee organization for any strike that may be found to have existed. The penalty which the Board may impose if it finds a violation of section 210.1 is that it may order forfeiture of the employee organization's right to dues check-off for a specified period of time or for an indefinite period of time subject to restoration upon application supported by proof that the employee organization no longer asserts the right to strike against any government.