N.Y. Comp. Codes R. & Regs. tit. 9 § 148.7

Current through Register Vol. 46, No. 38, September 18, 2024

Section 148.7 - Performance evaluation appeals

(a) Employees may appeal only the performance evaluation ratings of Effective and Unsatisfactory. All appeals must be submitted in writing.

(1) The burden of proof in the case of employees appealing Effective ratings shall rest with the individual employee.

(2) The burden of proof in the case of employees appealing ratings of Unsatisfactory shall rest with management.

(b) Employees rated Effective may appeal only to the agency/facility review board. Employees are not entitled to make a personal appearance, except under special circumstances and if approved by one or more of the management representatives of the agency/facility appeals board.

(c) Employees rated as Unsatisfactory shall have the right to make a personal appearance, if so desired, before both the agency/facility and the statewide appeals boards, and to be represented by a person designated by CSEA.

(d) Employees shall have 14 calendar days from receipt of their ratings in which to submit an appeal.

(e) Employees whose appeal of a rating of Unsatisfactory is denied at the agency/facility level shall have 14 calendar days from receipt of the notice of determination on the Performance Evaluation Appeals Form to submit a further appeal to the statewide Performance Evaluation Appeals Board, if they so desire.

(f) Probationary employees, including those serving in nongraded trainee positions, shall not have access to the appeal procedure under this program.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 148.7