§ 50-a. Test validation boards. Any person who has taken a civil
service examination for a position in the competitive class within the
jurisdiction of the department of personnel of the city of New York
shall have the opportunity to protest any answer or rating guide
proposed by the department of personnel to any question on such
examination in accordance with the provisions of this section. Such
protest must be filed with the city personnel director within the time
limits established pursuant to this section, and in the manner set forth
in this section. Within a reasonable time after the last date that
protests are permitted to be filed pursuant to this section, the city
personnel director shall submit all protests filed in connection with an
examination to a test validation board which shall consist of one member
appointed by the city personnel director, one member appointed by the
city personnel director from a list of up to three incumbent employees
nominated by the certified employee organization representing employees
in the title of the examination in question or if no certified employee
organization exists, then nominated by an employee organization
recognized by the city personnel director as representing such
employees, and one member appointed jointly by the other two members. If
there is more than one certified employee organization or more than one
recognized employee association, such organizations or associations
shall submit jointly a list of three nominees. Within a reasonable
period after the date a civil service examination for a position in the
competitive class within the jurisdiction of the department of personnel
of the city of New York is administered, the department shall make
available to candidates the examination questions and proposed key
answers or rating guide, as appropriate, prepared by the city personnel
director or his or her designee. The candidate's answer sheet shall be
made available to them at the beginning of the protest period. Within
thirty days from the date that such proposed key answers and/or rating
guides are made available to candidates, any candidate wishing to file a
protest to one or more key answers or to the rating guide shall submit a
completed written protest, together with evidence in support thereof, to
the city personnel director. Such protest shall be duly subscribed by
the protesting candidate, shall state the date and number of the
examination, and the candidate's social security number and the original
and four copies shall be submitted. Protests to proposed key answers or
rating guides shall include a statement explaining why the answer
selected by the protesting candidate is as good as or better than the
proposed key answer or why the rating guide is in error, and any
additional evidence the candidate wishes to submit in support of such
statement. Within a reasonable time after the last date for filing
protests, the test validation board shall make a determination whether
the answers selected by the protesting candidates are as good as or
better than the proposed key answers or whether the rating guide should
be modified and shall give reasons therefor in an opinion in writing.
Such determination shall be binding on the city personnel director and
shall be made available for review at the department of personnel.
Within ten days after the determination is issued, a notice of its
availability shall be served upon the protesting candidates by mail. A
candidate aggrieved by the determination of the test validation board
may file a petition in supreme court pursuant to article seventy-eight
of the civil practice law and rules in accordance with subdivision seven
of section fifty of this chapter. Such petition must be filed within
thirty days after service of the notice of availability of the
determination of the test validation board upon the protesting
candidate in accordance with the provisions of this section. The city
civil service commission shall have no jurisdiction to make
determinations with respect to protests to answers or rating guides to
civil service examination questions.