N.Y. Comp. Codes R. & Regs. tit. 4 § 213.10

Current through Register Vol. 46, No. 51, December 18, 2024

Section 213.10 - Final board action

(a) Upon receipt of the case, the board may adopt, modify or reverse the decision, report, order, ruling, finding or determination to which exceptions have been filed.

(b) Unless a party files exceptions in accordance with this Part, the decision, report, order, ruling, finding or other determination, or any part thereof, other than that made in a proceeding under Parts 203 or 206 of this Title, will be final, except that the board may, on its own motion, decide to review the remedial action recommended under an improper practice charge within 20 working days after receipt by the parties of the decision and recommended order. A remedial order of an administrative law judge in an improper practice charge that is not, or is no longer, subject to review by the board as provided in this Part, shall be deemed to be a final order of the board for purposes of enforcement proceedings under this Part.

(c)Reconsideration of final board action.

Final decisions and orders will be reconsidered by the board under the following circumstances:

(1) A party may, because of extraordinary circumstances, file a request for reconsideration with the board within five calendar days following the date of receipt of the final decision or order. The party shall state with specificity the grounds claimed and, where applicable, shall specify the page of the record relied upon. A copy of the request shall have been actually served upon each party of record prior to filing the request. Proof of actual service upon each party shall accompany the request. Any other party shall have three calendar days from actual service to file a response with the board. Actual service as used in this Part, means actual receipt by the party or the party's agent.

(2) The filing of a request for reconsideration shall not operate to stay the finality and effectiveness of the decision or order of the board for any purpose including but not limited to those of this Part unless otherwise ordered by the board.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 213.10

Adopted New York State Register August 2, 2017/Volume XXXIX, Issue 31, eff.8/2/2017