A Notice of Proposed Disqualification (NOPD) and a Notice of Disqualification (NOD) represent different stages of the hiring process with the New York City Police Department (NYPD). An NOPD gives a candidate an opportunity to respond before the agency finalizes its decision. An NOD means the agency has maintained the disqualification and issued a final determination.
Disqualification Appeals helps candidates understand what each notice means and what options may remain. Responding to an NOPD may provide an opportunity to correct errors, add context, or submit records before the decision becomes final. Candidates who have already received an NOD may still be able to appeal, but they must follow the instructions and deadline in the notice.
How Does an NOPD Become an NOD?
For medical and psychological disqualifications covered by the New York City Department of Citywide Administrative Services procedure, a candidate generally has 30 days after receiving an NOPD to oppose the proposed decision, begin the process of having the file reviewed by a licensed professional, or withdraw from the examination process. The hiring agency reviews any additional material before deciding whether to rescind the proposed disqualification or issue an NOD.¹
An NOD may be issued because the candidate did not respond or because the agency reviewed the response and remained unpersuaded. Receiving one does not automatically mean the candidate ignored the earlier notice.
The DCAS procedure specifically applies to medical and psychological disqualifications. A character disqualification may follow a different process, so candidates should rely on the instructions in their own notice rather than assume every case follows the same sequence.
Can You Appeal an NOD?
An NOD is serious, but it is not necessarily the end of the process. A candidate who received a final disqualification after a competitive civil service examination may be able to appeal to the New York City Civil Service Commission.
The Commission generally must receive the appeal within 30 days of the date on the NOD. It tells candidates to meet that deadline even when all supporting records are not yet available. The initial filing must include the written notice explaining the disqualification.²
The notice also determines where the appeal should go. Some candidates must first appeal to the hiring agency, the DCAS Committee on Manifest Errors, or the New York City Transit Authority Personnel Review Board. The Commission advises candidates not to file there unless the notice reflects a final agency determination and directs them to the Commission.²
Why Are NOD Appeals Nuanced?
An NOD appeal is not simply a second response to an NOPD. The agency has already reviewed the matter and maintained its decision. The appeal must address the final findings and the record supporting them.
A psychological disqualification may involve testing, treatment history, interview responses, or concerns about judgment and emotional functioning. A medical disqualification may involve a condition, injury, test result, or ability to perform essential duties. A character disqualification may involve employment, finances, driving history, legal matters, candor, or prior conduct.
The appropriate strategy depends on the category, the reasons stated in the NOD, and the available evidence. A useful submission should respond directly to the agency’s concerns rather than rely on general disagreement or assurances that the candidate would make a good officer.
What Does the Civil Service Commission Review?
The Civil Service Commission generally decides disqualification appeals through written submissions. It reviews the candidate’s arguments, the agency’s response, and the record used to support the disqualification. The Commission may affirm, modify, reverse, or remand the determination.3
Hearings occur in a limited number of cases when the Commission decides one is needed. Candidates disqualified under Civil Service Law § 50 for lack of requisite character are entitled to an evidentiary hearing, while hearings in other disqualification appeals are generally discretionary.3
Because a hearing is not automatic in every case, the written appeal may need to carry the candidate’s position. Records, professional evaluations, and explanations should connect directly to the agency’s stated reasoning.
How Can a Lawyer Help After an NOD?
An NYPD disqualification appeal lawyer may help identify the correct filing route, preserve the deadline, review the agency’s findings, and determine what evidence addresses the final determination. Depending on the case, that may include medical or psychological records, an independent professional opinion, employment documents, or supported explanations of the candidate’s history.
Filing on time may be necessary before every document is available. The Commission permits candidates to request additional time to submit supporting materials, but the request must explain why more time is needed and how much time is requested.2,4
Candidates facing a decision from the New York City Police Department should act as early as possible. Addressing an NOPD before it becomes final may provide more time to develop the record. Once an NOD is issued, the focus shifts to preserving the appeal and challenging the agency’s final determination through the proper process.
Review Your NOD Appeal Options
Disqualification Appeals assists candidates facing proposed or final decisions, including NOPDs or NODs, from the New York City Police Department and other law enforcement agencies. Our team works with candidates in the Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, and Suffolk County.
Whether a candidate receives an NOPD or NOD involving a psychological disqualification, medical disqualification, or character disqualification, the first step is to review the notice, confirm the deadline, and identify the correct response or appeal route. Contact Disqualification Appeals to discuss the final determination and the options that may remain.
Sources
1 – New York City Department of Citywide Administrative Services, Personnel Services Bulletin 100-10R: Medical and Psychological Disqualifications
https://www.nyc.gov/assets/dcas/downloads/pdf/reports/100-10R.pdf
2 – New York City Civil Service Commission, Filing a Disqualification Appeal With the CSC
3 – New York City Civil Service Commission, § 50 Candidate Appeals
https://www.nyc.gov/site/csc/appeals/50-candidate.page
4 – New York City Civil Service Commission, Disqualification Appeal Frequently Asked Questions