N.Y. Comp. Codes R. & Regs. tit. 4 § 213.2

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

Section 213.2 - Exceptions

(a) Within 15 working days after receipt of a final decision or report by the director, the director of conciliation, an assistant director or administrative law judge, a party may file with the board a statement in writing setting forth exceptions thereto or to any other part of the record or proceedings. An original and four copies shall be filed, to be accompanied with an original and four copies of a separate brief in support thereof, along with proof of service on all other parties. Should the chairperson authorize electronic filing of exceptions, the filing of a signed paper original consistent with this section and electronic filing and service of a copy shall constitute compliance with the filing and service requirements herein contained. A copy of such exceptions and briefs shall be simultaneously served upon all other parties.

(b) The exceptions shall:

(1) set forth specifically the questions or policy to which exceptions are taken;

(2) identify that part of the decision, report, order, ruling or other findings or determinations to which exceptions are taken;

(3) designate by page citation the portions of the record relied upon; and

(4) state the grounds for exceptions. An exception which is not specifically urged is waived.

(c) The board shall not determine violations of the act and affirmative defenses that were not properly pled.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 213.2

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