4 NYCRR 204.3

Answer

thereof on all other parties within 10 working days after receipt of a copy of the charge. The

original shall be signed 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 and may be filed in an action or proceeding in a court of

law.”

and indefinite that it cannot reasonably be required to frame an answer, the respondent may,

within 10 working days after receipt of a copy of the charge, file a motion with the

administrative law judge, with proof of service on all other parties, for an order directing the

charging party to file a verified statement supplying specified information. The charging party

may likewise file a response to the motion within five working days after its receipt thereof, with

proof of service of a copy of the response on all other parties. The filing of such motion will

extend the time during which the respondent must file and serve its answer until 10 working days

after receipt of the ruling of the administrative law judge on the motion, or until such later date

as the administrative law judge may set. The failure of a party to timely comply with an order of

particularization may, in the discretion of the administrative law judge, constitute ground for

precluding the party from offering any evidence as to the matters dealt with by the order.

allegation of the charge or, if the respondent is without knowledge thereof, the answer

shall so state and such statement shall operate as a denial. Admissions or denials may be

made to all or part of an allegation, but shall fairly meet the circumstances of the

allegation.

including but not limited to an allegation that the violation occurred more than four

months before the filing of the charge. A clear and concise statement of the facts

supporting any affirmative defense, including the names of the individuals involved and

the date and place of the occurrence of each particular act alleged, shall be set forth. An

answer to an alleged violation of section 209-a.1(g) of the act shall identify the statute,

interest arbitration award, collectively negotiated agreement, policy, or practice that

forms the basis of the employer’s affirmative defense, if any.

facts supporting any affirmative defense is so vague and indefinite that such charging party

cannot reasonably be expected to address them in an expeditious manner at a hearing, such

charging party may, within 10 working days after receipt of the answer, file a motion with the

administrative law judge for an order directing the respondent to file a verified statement

supplying specified information. The respondent may file a response to the motion within five

working days after its receipt thereof, with proof of service of a copy of the response on all other

parties. The failure of a party to timely comply with an order of particularization may, in the

discretion of the administrative law judge, constitute grounds for precluding the respondent from

offering any evidence as to the matters dealt with by the order.

any time prior to the issuance of the administrative law judge’s decision and recommended

order, upon such terms as may be deemed just, consistent with due process. The motion shall

include a statement of good cause to justify the amendment, a proposed amended charge, and

proof of service upon all other parties. A charging party may file a response to the motion within

five working days after its receipt thereof, with proof of service of the response on all other

parties.

administrative law judge may deem such failure to constitute an admission of the material facts

alleged in the charge and a waiver by the respondent of a hearing.

209-a.3 of the act may file responsive pleadings in accordance with subdivisions (a)-(e) of this

section. The administrative law judge may deem the public employer’s failure to file any

responsive pleading to constitute a waiver of the public employer’s right to participate in any

hearing held on the allegations of impropriety set forth in the charge.