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Upon receiving an appeal, it is docketed by
the Commission and given a case number. At that time, an appeal
acknowledgement is sent out to the parties. The case is set up for a
pre-hearing conference. (Note: pre-hearing conferences are not conducted
in regard to classification appeals; those appeals proceed directly to a
full hearing.) At the pre-hearing conference, the parties clarify the
issues in the case, exchange documentation and discuss whether or not the
parties can settle the matter. After a pre-hearing, a Full Hearing is
scheduled if necessary. At the Full Hearing, both parties present
their case through witnesses and documentation. The parties may be
asked to submit post hearing briefs or additional documentation at the
conclusion of the Full Hearing. After the record is closed, a
decision is usually rendered within sixty (60) days. The decision is
written up by the Commissioner/Hearing Officer who heard the case and
proceeds to an Executive Session to be voted on by the Full Commission.
If an appeal is heard by an Administrative
Magistrate at the Division of Administrative Law Appeals, a
“Recommended Decision” is forwarded to all parties by the
Magistrate and each party is given 30 days to file comments or objections
with the Civil Service Commission.
At the conclusion of the 30-day comment period, the case proceeds to
Executive Session to be voted on by the Full Commission.
Notices and forms you should expect
to receive from the Commission after you file your appeal
After you file an appeal with the appropriate fee, you should receive an
acknowledgement notice within 1 week indicating that the appeal has been
filed at the Commission and assigned a docket number. Shortly thereafter,
you will receive a “Notice of Pre-Hearing Conference” notifying
all parties of the date, time and location of the pre-hearing conference. Once your case has had a pre-hearing
conference, it may be many months before the case is scheduled for a full
hearing, although appeals involving terminations and layoffs are expedited.
If you have any questions regarding the
status of your appeal, you should contact the Commission’s Administrative
Assistant, Medes Diaz, at (617) 727-2293.
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