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