Title 4 Part 211 NYCRR — browse free

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

All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

4 NYCRR 211.1 - 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)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 NYCRR 211.2 - Issuance of subpoenas

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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

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 NYCRR 211.3 - Request for subpoena

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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 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 NYCRR 211.4 - Service of subpoena

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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 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 NYCRR 211.5 - Time and place for production of documents

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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

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 NYCRR 211.6 - Motion to withdraw or modify

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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)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 NYCRR 211.7 - Failure to honor a subpoena

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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)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.

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