New York Codes, Rules and Regulations (NYCRR)

4 NYCRR 213.10

Department of Civil Service

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Final board action

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

Final board action

(a)Upon receipt of the case, the board may adopt, modify or reverse the decision, report, order,

ruling, finding or determination to which exceptions have been filed.

(b)Unless a party files exceptions in accordance with this Part, the decision, report, order, ruling,

finding or other determination, or any part thereof, other than that made in a proceeding under

Parts 203 or 206 of this Chapter, will be final, except that the board may, on its own motion,

decide to review the remedial action recommended under an improper practice charge within 20

working days after receipt by the parties of the decision and recommended order. A remedial

order of an administrative law judge in an improper practice charge that is not, or is no longer,

subject to review by the board as provided in this Part, shall be deemed to be a final order of the

board for purposes of enforcement proceedings under section 213 of the act.

(c)Reconsideration of final board action. Final decisions and orders will be reconsidered by the

board under the following circumstances:

(1)A party may, because of extraordinary circumstances, file a request for

reconsideration with the board within five calendar days following the date of receipt of

the final decision or order. The party shall state with specificity the grounds claimed and,

where applicable, shall specify the page of the record relied upon. A copy of the request

shall have been actually served upon each party of record prior to filing the request. Proof

of actual service upon each party shall accompany the request. Any other party shall have

three calendar days from actual service to file a response with the board. “Actual service”

as used in this Part, means actual receipt by the party or the party’s agent.

(2)The filing of a request for reconsideration shall not operate to stay the finality and

effectiveness of the decision or order of the board for any purpose including but not

limited to those of section 213 of the act unless otherwise ordered by the board.

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