New York Codes, Rules and Regulations (NYCRR)

4 NYCRR 206.5

Department of Civil Service

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Source version current through Sep 23, 2026

Source details
NYCRR title agency
Department of Civil Service
Section status
Section source receipt
Source version current through
Sep 23, 2026
Text saved
Sep 28, 2026
Latest State Register issue indexed
September 30, 2026 (Vol. XLVIII, Issue 39)
Related Register notice
PRB-10-26-00001-A · Adopted rule
Related notice published
Jun 3, 2026
Related notice effective date
Jun 3, 2026

New York State Register PRB-10-26-00001-A

Answer

(a)The employee organization against whom the charge is issued shall file electronically an

answer, with proof of service of a copy on all other parties within eight days after receipt of a

copy of the charge; or, if consent for alternative service has been given by the charging party, it

shall be the responsibility of the employee organization to notify the board of the same.

(b)The answer shall be in writing and 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.”

(c)The answer shall contain a specific denial of each allegation of the charge contravened by the

public employee organization, or of any knowledge or information thereof sufficient to form a

belief. An allegation of the charge not specifically denied in the answer, unless the party affirms

that it is without knowledge or information thereof sufficient to form a belief, shall be deemed

admitted and may be so found by the board. The answer shall also contain a statement of the

facts constituting the grounds of defense. Allegations of any facts in the answer shall be deemed

denied without the necessity of a reply.

(d)If the party against whom the charge is issued fails to file an answer within the time or in

compliance with the manner herein provided, such failure shall constitute an admission of the

material facts alleged in the charge and an admission that the party violated subdivision (1) of

section 210 of the act. Such failure shall also constitute a waiver of any claims which the party

must raise by its answer under paragraph (f) of subdivision (3) of section 210 of the act. Upon

such failure, a hearing shall be held only for the purpose of fixing the duration of the forfeiture.

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