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

All 2 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

4 NYCRR 210.1 - 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)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 NYCRR 210.2 - Processing by the director

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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 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 NYCRR 210.3 - [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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