N.Y. Comp. Codes R. & Regs. tit. 12 § 259.2

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

Section 259.2 - Processing by the director of PEPR

(a) The director of PEPR or an assigned hearing officer will determine whether a declaratory ruling would be in the public interest as reflected by the policies underlying SERA. If the director of PEPR or hearing officer determines that it would not, they shall dismiss the petition. Such dismissal shall merely constitute a refusal to issue a declaratory ruling, and not the denial of any position proposed by the petitioner. Such a decision to refuse to issue a declaratory ruling may be made at any stage of the proceeding.

(b) The director of PEPR or hearing officer shall send a copy of the petition to any persons, labor organizations, or employers, in addition to those listed in the petition, whom the director of PEPR or hearing officer deems to have interests that are reasonably likely to be affected by the ruling, together with a notice that they may at their option, become parties to the proceeding by filing electronically a response to the petition within 10 working days from their receipt thereof. Such response may challenge any of the allegations in the petition and, whether or not petitioner has done so, it may propose a ruling.

(c) The matter shall be processed in accordance with the procedures set forth in Part 253 of this Chapter, except that the director of PEPR or hearing officer shall issue a decision, which may be reviewed pursuant to section 253.22 of this Chapter. Such declaratory ruling will be final and binding on all parties as to the negotiability of the subject or subjects, and may be reviewed along with the final decision of the hearing officer or the board as part of a petition pursuant to article 78 of the civil practice law and rules.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 259.2

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