Rules of the City of New York Sections 3-01 to 3-04

Subchapter A – Rules for Civil Service Law Section 76 Appeals  

§ 3-01 Requirements to File an Appeal.  
An appeal to the Commission by any person aggrieved by a final determination of guilt and/or a penalty of punishment imposed in a disciplinary proceeding conducted pursuant to CSL § 75, must be filed with the Commission by email or electronic means within twenty (20) days of the date of the notice of final disciplinary action. Such additional time in which to appeal as provided in CSL § 76 shall be allowed where service of the final determination was by mail. Appeals must include a copy of the agency head’s final disciplinary action that was delivered to the appellant.

§ 3-02 Untimely Appeals.  
If an appeal is untimely filed with the Commission, the agency may move to dismiss the appeal. Motions for dismissal on timeliness or jurisdictional grounds may be made prior to submission of the record of the disciplinary proceeding. The Commission may, in its discretion, deem an appeal to be timely and accept it for processing.

§ 3-03 Agency Submissions.  
Upon receipt of a valid disciplinary appeal, the Commission will issue a notice of appeal to the agency. The agency will have thirty (30) days from the date of the notice of appeal to submit the complete record of the disciplinary proceeding as identified in the notice of appeal. Such submission shall be via electronic means, whenever practicable, or via mail. Any documents not previously provided to appellant or appellant’s attorney or representative must be sent to appellant or appellant’s attorney or representative when submitted to the Commission.

§ 3-04 Proceedings.  
The Commission will review the record below and will afford the parties the opportunity to submit written arguments on the findings of fact, conclusions of law and penalty imposed. The Commission decides appeals based on the record of the disciplinary proceeding conducted by the agency or its designee. Should the Commission schedule a hearing, the parties may offer their arguments on the findings of fact, conclusions of law and the penalty imposed. Evidence that was not in the record of the disciplinary proceeding may not be presented to the Commission.