§ 120 — Applications and appeals

New York § 120

• Jurisdiction: New York
• Law CVS: Civil Service
• Title A: Classification and Allocation of Positions
• Art. 8: Classification and Compensation of State Employees

Text

§ 120. Applications and appeals. 1. Applications to director. Any\nemployee occupying a position, the title or salary grade of which is\nsubject to the jurisdiction of the director of the classification and\ncompensation division, and any appointing officer, with respect to any\nsuch position or positions in his department or agency, may apply to the\ndirector, on a form prescribed and furnished by him, for a review and\nchange of the classification or allocation of such positions. Such\nemployee or appointing officer or their representatives shall be\nafforded a reasonable opportunity to present facts in support of or in\nrelation to such application at a time and in such manner as may be\nspecified by the director. The director shall examine and review any\nsuch application and may make such changes in classification or\nallocation as may be just and equitable. The director shall have the\npower to designate an officer or employee of the division to conduct a\nhearing with relation to any application for such reclassification or\nreallocation and to report to the director thereon.\n 2. Appeals to the state civil service commission. Any employee or\nappointing officer aggrieved by a determination of the director may\nappeal from such determination to the state civil service commission.\nSuch appeal must be made within sixty days after receipt of written\nnotice of such determination. Such employee or appointing officer or\ntheir representatives shall be afforded an opportunity to present facts\nand arguments in support of or in relation to such appeal at a time and\nplace and in such manner as may be prescribed by the commission. The\ncommission shall examine and review such appeal and make such changes in\nclassification or allocation as may be just and equitable.\nDeterminations of the commission shall be transmitted to the director of\nthe budget, the director of the classification and compensation\ndivision, and the employees and department heads affected thereby.\n 3. Reporting on appeals. In addition to the requirements of\nsubdivision two of this section, the commission shall, on or before\nJanuary thirty-first of each year, submit a report to the governor and\nthe legislature which shall include, but not be limited to, information\ndetailing the total number of appeals received from determinations made\nbased upon written and oral examinations, performance tests and ratings\nof training and experience, during the preceding twelve months, and\nshall report the final disposition or dispositions of each appeal.\n