Title 4 Part 55

The commission shall appoint committees on appeals, each consisting of one or more members designated by the commission, to whom appeals shall be submitted and who shall report thereon at a subsequent meeting of the commission.

A committee on appeals shall consider only such appeals as clearly demonstrate a manifest material error or mistake appearing in a rating key or scale or in the application of such key or scale to candidate test papers or other records of examination performance or eligibility for appointment and only if such error or mistake affects the eligibility or relative standing of candidates. Further, the committee on appeals shall not consider the appeal of a candidate whose score, at the time of the establishment of the eligible list, is equal to or higher than the final examination rating of the third highest standing eligible. Provided, however, that the committee shall consider such appeal where the candidate's reachability for appointment is affected by the committee's determination of another appeal and he or she has timely filed a notice of intent to appeal.

The director of examinations or his designee may, by appropriate notice, invite candidate review of and the submission of objections with respect to a tentative rating key for short-answer written tests constituting all or part of an examination for the purpose of enabling a committee on appeals to recommend a final rating key which, upon approval by the commission, shall be applicable to all candidates. Such review may, but need not be limited to locations in Albany, Buffalo and New York City. The eligible list may be established pending consideration of the rating key by the commission, in which event objections to the tentative rating key filed by candidates shall constitute appeals to the commission. Every candidate shall be granted an opportunity to inspect his scored answer papers, or a photographic copy thereof, and the rating key and scoring tables in order to detect any errors in the application of such rating key to his answer sheet.

In cases other than those in which prior approval of the rating key has been granted by the commission or review and submission of objections have been invited under section 55.3 of this Part, a committee on appeals shall consider appeals subsequent to the establishment of the eligible list subject to the following terms and conditions:

The following terms and conditions shall apply to every examination review and appeal referred to in this Part:

The provisions of this Part shall not be held to prevent the commission or the Department of Civil Service from correcting an obvious clerical error at any time during the life of an eligible list.