New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter IV - Resolution of Labor Disputes
Subchapter A - Labor Relations Board
Part 252 - Procedure under Section 706 Of Sera for Prevention of Unfair Labor Practices
Answer
Section 252.6 - Answer; motion for particularization; filing; service
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The party or parties against whom the charge is filed shall have the right to file an answer within 10 working days after receipt of the charge from the director of PEPR. Upon application the director of PEPR or hearing officer may extend the time within which the answer shall be filed. One copy of the answer shall be served on each party and the proof of due service shall be filed with the assigned hearing officer. The answer shall be filed electronically (see section 250.11 of this Title) with the hearing officer.
(b) If the charge is believed by a responding party to be so vague and indefinite that it cannot reasonably be required to frame an answer, the responding party may, within 10 working days after receipt from the director of PEPR of a copy of the charge, file electronically a motion with the hearing officer for an order directing the charging party to file a statement supplying specified information. The filing of such motion will extend the time during which the responding party must file and serve its answer until 10 working days after receipt of the ruling of the hearing officer on the motion, or until such later date as the hearing officer may set. Such a motion must be served upon all parties simultaneously with its filing with the hearing officer; proof of service must accompany the filing of the motion with the hearing officer. The charging party may file electronically a response to the motion within seven working days after its receipt thereof, with proof of service of a copy of the response on all other parties. The failure of a party to timely comply with an order of particularization may, in the discretion of the hearing officer, constitute ground for precluding the party from offering any evidence as to the matters dealt with by the order.
