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Compiled text through Jan 31, 2026Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 11 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

4 NYCRR 201.1 - Scope

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(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 NYCRR 201.2 - Petition; filing

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(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 NYCRR 201.3 - Time for filing of petitions

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(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 NYCRR 201.4 - Showing of interest

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(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 NYCRR 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

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Dates and status

Compiling agency: Department of Civil Service
Text status: Phase2b Dequote Reversal
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: May 19, 2026

(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.

(c)Petitions filed pursuant to section 201.2(b) of this Part shall contain the following:

(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 NYCRR 201.6 - Publication

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(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.

(c)If the public employer fails to publish notice of recognition promptly, the employee organization may do so.

(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 NYCRR 201.7 - Notice of pending petitions

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Dates and status

Compiling agency: Department of Civil Service
Text status: Phase2b Dequote Reversal
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: May 19, 2026

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 NYCRR 201.8 - Investigation and election

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Dates and status

Compiling agency: Department of Civil Service
Text status: Phase2b Dequote Reversal
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: May 19, 2026

(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.

(c)Action by director.

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 NYCRR 201.9 - Employer applications for designation of persons as managerial or confidential

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(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.

(c)Notice of filing of application.

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 NYCRR 201.10 - Decision by administrative law judge

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

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 NYCRR 201.11 - Exceptions to decision of administrative law judge; action by board

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Exceptions to a decision by an administrative law judge may be filed pursuant to Part 213 of this Title.

4 NYCRR 201.12 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status

Compiling agency: Department of Civil Service
Text status: Source-only entry
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

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