N.Y. Comp. Codes R. & Regs. tit. 4 § 55.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 55.4 - Post-list appeal procedure

In cases other than those in which prior approval of the rating key has been granted by the commission or review and submission of objections have been invited under section 55.3 of this Part, a committee on appeals shall consider appeals subsequent to the establishment of the eligible list subject to the following terms and conditions:

(a) Upon the establishment of an eligible list resulting from competitive examination, the department shall notify each candidate therein of the rating he has received and, if such rating be above the required minimum, of his comparative standing on the eligible list. Any candidate receiving such notice may personally inspect his examination papers in the presence of a designated representative of the department, provided he makes request for such inspection, in writing, within the period of five business days after the date of postmark of such notice, and provided that either he received a rating of 65 or higher if the examination consisted wholly of short-answer type questions (i.e., multiple-choice, or other questions which are scored only as wholly right or wholly wrong) or he received a rating of 60 or higher if the examination consisted of other types of questions or he is granted special permission by the commission to inspect his papers.

(b) A candidate who wishes to appeal to the commission from his rating in one, or more, or all of the subjects of an examination in order to establish eligibility or improve his relative standing must submit such appeal in writing at the review center on the date or dates on which his examination papers are made available for his inspection. Such appeal shall be considered as opening for review all of the competitor's papers in such subject or subjects of the examination on which he has appealed, whether resulting in a higher or lower average rating in such subject or subjects of the examination. However, unless by special action of the commission, no consideration shall be given an appeal for re-rating of a subject of the examination rated below 60 or for the re-rating of a written examination rated below 65 where such written examination consists wholly of short-answer type questions (i.e., multiple-choice, or other questions which are scored only as wholly right or wholly wrong).

(c) The commission shall correct any manifest error or mistake of marking or rating appearing in the candidate's examination papers or records in the subject or subjects of the examination on which he has appealed but such correction shall not prejudice the status of any person previously appointed as a result of such examination.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 55.4