N.Y. Civil Service Law § 50-a: Test validation boards

§ 50-a. Test validation boards. Any person who has taken a civil

service examination for a position in the competitive class within the

jurisdiction of the department of personnel of the city of New York

shall have the opportunity to protest any answer or rating guide

proposed by the department of personnel to any question on such

examination in accordance with the provisions of this section. Such

protest must be filed with the city personnel director within the time

limits established pursuant to this section, and in the manner set forth

in this section. Within a reasonable time after the last date that

protests are permitted to be filed pursuant to this section, the city

personnel director shall submit all protests filed in connection with an

examination to a test validation board which shall consist of one member

appointed by the city personnel director, one member appointed by the

city personnel director from a list of up to three incumbent employees

nominated by the certified employee organization representing employees

in the title of the examination in question or if no certified employee

organization exists, then nominated by an employee organization

recognized by the city personnel director as representing such

employees, and one member appointed jointly by the other two members. If

there is more than one certified employee organization or more than one

recognized employee association, such organizations or associations

shall submit jointly a list of three nominees. Within a reasonable

period after the date a civil service examination for a position in the

competitive class within the jurisdiction of the department of personnel

of the city of New York is administered, the department shall make

available to candidates the examination questions and proposed key

answers or rating guide, as appropriate, prepared by the city personnel

director or his or her designee. The candidate's answer sheet shall be

made available to them at the beginning of the protest period. Within

thirty days from the date that such proposed key answers and/or rating

guides are made available to candidates, any candidate wishing to file a

protest to one or more key answers or to the rating guide shall submit a

completed written protest, together with evidence in support thereof, to

the city personnel director. Such protest shall be duly subscribed by

the protesting candidate, shall state the date and number of the

examination, and the candidate's social security number and the original

and four copies shall be submitted. Protests to proposed key answers or

rating guides shall include a statement explaining why the answer

selected by the protesting candidate is as good as or better than the

proposed key answer or why the rating guide is in error, and any

additional evidence the candidate wishes to submit in support of such

statement. Within a reasonable time after the last date for filing

protests, the test validation board shall make a determination whether

the answers selected by the protesting candidates are as good as or

better than the proposed key answers or whether the rating guide should

be modified and shall give reasons therefor in an opinion in writing.

Such determination shall be binding on the city personnel director and

shall be made available for review at the department of personnel.

Within ten days after the determination is issued, a notice of its

availability shall be served upon the protesting candidates by mail. A

candidate aggrieved by the determination of the test validation board

may file a petition in supreme court pursuant to article seventy-eight

of the civil practice law and rules in accordance with subdivision seven

of section fifty of this chapter. Such petition must be filed within

thirty days after service of the notice of availability of the

determination of the test validation board upon the protesting

candidate in accordance with the provisions of this section. The city

civil service commission shall have no jurisdiction to make

determinations with respect to protests to answers or rating guides to

civil service examination questions.