Title 4 Part 213

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.

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.

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.

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.

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.

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.

Final decisions and orders will be reconsidered by the board under the following circumstances:

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.

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.