Title 4 Part 203

Application for approval; filing

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. 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applicant has given public notice of its intention to so file, and may be withdrawn by the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.

Contents of application

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:

body of the applicant;

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;

manner and date of its publication;

recognized to represent any public employees of the applicant; and

represent any public employees of the applicant.

Objections

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.

Investigation and hearing

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.

Determination by the board

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 Chapter, the board shall decide the

issues and make such disposition of the matter as it deems appropriate.

Termination or amendment of procedures by a local government

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.

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.

Local regulations

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 Chapter. 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.

Procedures for the review of implementation of local government procedures under section 212 of the act

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.

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. 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.

inaction complained of occurred or failed to occur.

recognized to represent any public employees under the local government provisions and

procedures.

represent any public employees under the jurisdiction of the local government involved.

provisions and procedures, as implemented, are not substantially equivalent to the

provisions and procedures set forth in the act and this Chapter.

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.

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 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 Chapter, the board shall decide the issues and make such disposition of the matter as it

deems appropriate.