N.Y. Comp. Codes R. & Regs. tit. 9 § 135.3
Each appointing officer shall submit to the Director of the Budget, for review and approval, a list of all titles in his department or agency, indicating those titles proposed to be ineligible to earn overtime pay. When some, but not all, of the positions in a title are proposed to be ineligible, all the positions in such title shall be enumerated, indicating those proposed for ineligibility. The Director of the Budget shall make the final determination of which titles and positions shall be ineligible to earn overtime pay[FN*] and shall file certificates listing such titles and positions with the Department of Audit and Control, the Department of Civil Service, the Senate Finance Committee, the Assembly Ways and Means Committee and the affected department or agency. Such lists may be revised from time to time by the Director of the Budget upon filing of revised certificates. Each appointing officer shall be responsible for keeping officers and employees in his department or agency informed as to their eligibility status to earn overtime pay.
[FN*] See Appendix C-1 for list of titles and positions ineligible to earn overtime credits.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 135.3