N.Y. Civil Service Law § 120: Applications and appeals

§ 120. Applications and appeals. 1. Applications to director. Any

employee occupying a position, the title or salary grade of which is

subject to the jurisdiction of the director of the classification and

compensation division, and any appointing officer, with respect to any

such position or positions in his department or agency, may apply to the

director, on a form prescribed and furnished by him, for a review and

change of the classification or allocation of such positions. Such

employee or appointing officer or their representatives shall be

afforded a reasonable opportunity to present facts in support of or in

relation to such application at a time and in such manner as may be

specified by the director. The director shall examine and review any

such application and may make such changes in classification or

allocation as may be just and equitable. The director shall have the

power to designate an officer or employee of the division to conduct a

hearing with relation to any application for such reclassification or

reallocation and to report to the director thereon.

2. Appeals to the state civil service commission. Any employee or

appointing officer aggrieved by a determination of the director may

appeal from such determination to the state civil service commission.

Such appeal must be made within sixty days after receipt of written

notice of such determination. Such employee or appointing officer or

their representatives shall be afforded an opportunity to present facts

and arguments in support of or in relation to such appeal at a time and

place and in such manner as may be prescribed by the commission. The

commission shall examine and review such appeal and make such changes in

classification or allocation as may be just and equitable.

Determinations of the commission shall be transmitted to the director of

the budget, the director of the classification and compensation

division, and the employees and department heads affected thereby.

3. Reporting on appeals. In addition to the requirements of

subdivision two of this section, the commission shall, on or before

January thirty-first of each year, submit a report to the governor and

the legislature which shall include, but not be limited to, information

detailing the total number of appeals received from determinations made

based upon written and oral examinations, performance tests and ratings

of training and experience, during the preceding twelve months, and

shall report the final disposition or dispositions of each appeal.