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 252.9 - Answer; defense; new matter; motion for particularization

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The answer shall contain a concise statement of the facts constituting the grounds of defense. Allegations of new matter in the answer shall be deemed denied without the necessity of a reply.

(b) If the statement of facts supporting any affirmative defense is believed by a charging party to be so vague and indefinite that such charging party cannot reasonably be expected to address them in an expeditious manner at a hearing, such charging party may, within 10 working days after receipt of the answer, file electronically with the hearing officer a motion for an order directing the responding party to file a verified statement supplying specified information. 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 responding 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.

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