The CSC decides disqualification appeals on the basis of written submissions by the parties. This includes arguments submitted by the appellant opposing the disqualification, and the record used by the DCAS Commissioner or other examining agency as the basis for the disqualification.
In a limited number of cases, the CSC may, in its own discretion, choose to schedule an evidentiary hearing to allow the appellant an opportunity to make an explanation and submit facts in opposition to the determination of the DCAS Commissioner or other examining agency. At such proceedings, the DCAS Commissioner or other examining agency head will be permitted to defend its determination and offer evidence in support of the disqualification.
Should the CSC schedule an evidentiary hearing, it will notify both parties in a hearing notice. Instructions for the hearing, including how to request an adjournment, will be provided in the hearing notice. Although not required, in appeals involving more complex issues of law, the CSC recommends that appellants consider obtaining the services of an attorney to represent them at the hearing. The CSC, after reviewing the record and arguments presented on appeal, issues a written decision as soon as practicable. In its decision, the CSC may affirm, modify, reverse or remand the determination being appealed.
For more information, you may refer to Rules of the City of New York Section 2-02. Please note that medical and psychological disqualifications are governed by the Personnel Services Bulletin issued on March 22, 2013.