§ 2-01 Definitions.
RCNY § 2-01
As used in this title, the following terms have the following meanings: Agency. "Agency" means a governmental agency established by or pursuant to law whose final action or determination may be appealed to the Commission pursuant to New York State and New York City laws and regulations. See also: Respondent. Agency head. "Agency head" means the head of an agency. Appeal. "Appeal" means a request to review the final action or determination of an agency head or designee made pursuant to Charter Section 813(d). Appellant. "Appellant" means a party who has filed an appeal with the Commission seeking review of final agency action or determination within the Commission's jurisdiction. CAPA. "CAPA" means the City Administrative Procedure Act, Sections 1041 - 1047 of the Charter. Charter. "Charter" means the New York city charter. Commission. "Commission" means the New York City Civil Service Commission, authorized by Charter Section 813. Commission chair. "Commission chair" means the Commissioner designated by the Mayor to serve in the capacity as chair in accordance with the provisions of Charter Section 813(a). Commissioner. "Commissioner" means a member of the Commission duly appointed in accordance with the provisions of Charter Section 813. CSL. "CSL" means the New York State Civil Service Law. Disqualification. "Disqualification" means a final determination by an agency head or designee under CSL § 50(4), and any applicable City Personnel Rules promulgated thereunder, finding that an applicant fails to meet one or more of the requirements established for the position by law, rule, executive order, or notice of examination. Electronic means. "Electronic means" means any method of transmission of information between computers or other machines designed for the purpose of sending and receiving such transmissions, and which allows the recipient to print the communication. Ex parte communication. "Ex parte communication" means any oral or written communication between a party and the Commission concerning the merits of a pending appeal that was not communicated to all parties. Filing. "Filing" means submitting papers affecting an appeal to the Commission, whether in person, by mail, or by electronic means. Hearing. "Hearing" means an appearance in-person or by video or phone conference convened at the discretion of the Commission. See 60 RCNY § 2-15. In camera review. "In camera review" means the procedure whereby the Commissioners privately review confidential, sensitive, or private information to determine whether it may be used by a party or shared with the other party. Interim order. "Interim order" means an order by the Commission directing a party to address issues identified by the Commission or to request additional information that is important to the final disposition of an appeal. Mailing. "Mailing" means any communication with the Commission delivered by the United States Postal Service or a private delivery service. Ministerial matter. "Ministerial matter" means any oral or written communication between a party and the Commission about procedural matters that do not concern the merits of a pending appeal. Hearing. "Hearing" means an appearance in-person or by video or phone conference convened at the discretion of the Commission. See 60 RCNY § 2-15. Respondent. "Respondent" means the agency that is the adverse party to the appellant. (Added City Record 11/3/2022, eff. 12/3/2022)
