RULE VIII - APPEALS
SECTION I--DEPARTMENT OF
CITYWIDE ADMINISTRATIVE SERVICES ACTIONS
8.1.1. Procedures for Claim
of Manifest Error or Mistake--Examinations.
(a) Except as otherwise provided
by resolution or regulation of the commissioner of citywide administrative services,
whenever a claim of manifest error or mistake is made, such claim shall be referred
to a committee on manifest errors. This committee shall consist of three qualified
persons designated as members thereof by the commissioner of citywide administrative
services, which committee shall either have as a member or consult with an expert
in the subject matter with which such claim is concerned. A claim of manifest
error or mistake shall open for review the candidate's answers to all the questions
in the examination. Such review may result in a higher or lower final rating.
(b) Such committee shall inquire
into the merits of each claim and shall submit the signed determination of each
member as to whether or not there has been a manifest error or mistake together
with such correction or remedy, if any, as may be recommended.
(c) Except as hereafter provided,
such claim of manifest error or mistake must be made in writing by the candidate
within one month from the date of notice to the candidate of the results of
such examination, tests, subjects or parts thereof.
(d) Whenever a claim of manifest
error or mistake is made in connection with the rejection of a candidate because
the candidate has failed to meet the preliminary requirements of such examination,
such claim must be made in writing by the candidate within two weeks following
the date upon which notice was transmitted to the candidate of such rejection.
(e) Whenever a claim of manifest
error or mistake is made by a person on an eligible list who has been rejected
after investigation because such person has failed to meet the preliminary requirements
of such examination, such claim must be made in writing by the person within
two weeks following the date upon which notice was transmitted to the person
of such rejection.
(f) Any correction of manifest error
or mistake shall be without prejudice to the status of any person previously
appointed from the eligible list resulting from such examination. However, if,
as a result of any correction of manifest error or mistake, an eligible on a
list or any person appointed from such list is found to have failed the examination,
any such eligibility or appointment shall be cancelled and revoked forthwith,
and notice of such action shall be sent to the eligible or appointee. The right
to cancel and revoke for the reasons set forth herein shall not apply where
an appointee has served satisfactorily for a period of at least one year after
appointment to such position.
SECTION II--AGENCY ACTIONS
- APPEALS TO THE COMMISSIONER OF CITYWIDE ADMINISTRATIVE SERVICES
8.2.1. General Provisions.
A person aggrieved by the following
agency actions or determinations may submit an appeal to the commissioner of
citywide administrative services:
(1) the allocation of an individual
position to an existing civil service title with respect to whether the duties
and responsibilities of the individual position so allocated are in conformance
with the duties and responsibilities of such title;
(2) the administration and certification
of eligible lists for classes of positions unique to the agency by a certifying
agency;
(3) except as otherwise provided
in paragraph 8.2.3 of this section, the scheduling and conduct of non-written
promotion examinations by an examining agency.
8.2.2. General Procedures.
(a) An appeal to the commissioner
of citywide administrative services pursuant to the provisions of paragraph
8.2.1 shall be made in writing within thirty calendar days of the final agency
action or determination.
(b) Where a candidate has been disqualified
by an examining agency on the grounds that the candidate was found to lack any
of the established requirements for admission to the examination, such appeal
must be made in writing within two weeks after the date of notification of such
agency action.
8.2.3. Claims of Manifest
Error or Mistake.
The procedures set forth in section
8.1.1 of these rules shall apply to claims of manifest error or mistake on non-written
promotion examinations conducted by an examining agency.
SECTION III--CITY PERSONNEL
DIRECTOR OR AGENCY ACTIONS-APPEALS TO THE CITY CIVIL SERVICE COMMISSION
(Deleted 10/30/81)
8.3.1. (Deleted 10/30/81)
8.3.2. (Deleted 10/30/81)
8.3.3. (Deleted 10/30/81)
8.3.4. (Deleted 10/30/81)
RULE I
- DEFINITIONS
RULE II - APPLICABILITY AND ADMINISTRATION
RULE III - JURISDICTIONAL CLASSIFICATION
RULE IV - EXAMINATION PROCEDURES, VETERANS
PREFERENCE, ELIGIBLE LIST AND CERTIFICATIONS
RULE V - APPOINTMENTS AND PROMOTIONS
RULE VI - PERSONNEL CHANGES
RULE VII - GENERAL PERSONNEL ADMINISTRATION
RULE VIII - APPEALS
RULE IX - AUDITS AND INVESTIGATION
RULE X - CLASSIFICATION OF POSITIONS NOT
INCLUDED IN THE CAREER AND SALARY PLAN OR IN THE NEW YORK CITY HOUSING AUTHORITY
CLASSIFICATION PLAN
RULE XI - CLASSIFICATION AND COMPENSATION
OF CAREER AND SALARY PLAN POSITIONS
RULE XII - CLASSIFICATION OF POSITIONS IN
THE NEW YORK CITY HOUSING AUTHORITY CLASSIFIED PURSUANT TO AND SUBJECT TO RULE
XI PRIOR TO JULY 1, 1958.