N.Y. Comp. Codes R. & Regs. tit. 12 § 253.27

Current through Register Vol. 46, No. 50, December 11, 2024

Section 253.27 - Enforcement

(a) A party may request the board to seek a judicial order as provided by section 707 of SERA, enforcing a remedial order of the board or that of a hearing officer to which no exceptions have been filed with the board, if the party or parties against whom the order was issued refuses or fails to comply with the order, provided that such order is not, or is no longer, subject to judicial review pursuant to section 707 of SERA.

(b) Request for enforcement. A party seeking enforcement by the board must file with the board's office of counsel electronically (see section 250.11 of this Title) a written request stating the reason(s) why a judicial order of enforcement is necessary, supported by affidavits of persons with personal knowledge of the facts set forth therein, attesting to the alleged refusal or failure to comply with the remedial order. Said request and supporting affidavits shall be accompanied by proof of service on all other parties before the board.

(c) Response. Pursuant to a schedule set by the office of counsel, all other parties before the board shall file electronically (see section 250.11 of this Title) with the office of counsel a written response to the request for enforcement stating why enforcement is not necessary, supported by affidavits of persons with personal knowledge of the facts set forth therein. Said response and supporting affidavits shall be accompanied by proof of service on all other parties before the board.

(d) Action by the board. Following review of a request for enforcement and the response, the office of counsel will determine whether a petition for a judicial order of enforcement pursuant to section 707 of SERA should be commenced.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 253.27

Adopted New York State Register February 15, 2023/Volume XLV, Issue 07, eff. 2/15/2023