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NYS Industrial Board of Appeals
selected authorizing provisions under NYS Labor Law

100. Industrial board of appeals.

1. There is hereby created in the department of labor a board, to be known as the industrial board of appeals, which shall be composed of five members, at least one of whom shall be a lawyer. Of the first members of the board, two shall be designated by the governor from among the members of the board of standards and appeals in office on the day preceding the effective date of this act, who shall serve for terms expiring on December thirty-first, nineteen hundred seventy-seven, and three shall be appointed by the governor, with the advice and consent of the senate, two of whom shall be appointed for terms expiring on December thirty-first, nineteen hundred seventy-six, and one of whom shall be appointed for a term expiring on December thirty-first, nineteen hundred seventy-eight. Their successors shall be appointed by the governor, with the advice and consent of the senate, for terms of six years, except that if a vacancy occurs otherwise than by expiration of term, it shall be filled for the unexpired term. The governor shall designate one member to serve as chairman of the board. The governor may remove a member of the board for inefficiency, neglect of duty or misconduct in office after giving him a copy of the charges and an opportunity of being publicly heard in person or by counsel on not less than ten days notice. If a member of the board be removed the governor shall file with the department of state a record of his proceedings in respect of such removal and his findings therein.

2. The members of the board shall receive compensation as determined by the governor within the limits of the appropriation made therefor. The chairman shall devote his entire time to the duties of his office and shall not hold any other public office nor engage in any other business, vocation or employment. The reasonable and necessary traveling and other expenses of the members of the board and other officers and employees of the board, while actually engaged in the performance of their duties shall be paid from the state treasury upon the audit and warrant of the comptroller, upon vouchers approved by the chairman.

3. The industrial commissioner shall detail to the board such employees as shall be reasonably necessary to perform the duties of the board and shall fix their compensation within the limits of the appropriation made therefor.

4. The principal office of the board shall be in the county of Albany, but it may meet and exercise any or all of its powers at any other place within the state.

5. (a) The board shall not be bound by technical rules of procedure and evidence and shall conduct all hearings according to procedure prescribed by the board.
(b) The board may designate one or more of its members or competent employees to hold a hearing or investigation relating to any matter pertaining to the execution of its functions, and to report to the board.
(c) The board by one or more members shall have the power: (1) To administer oaths and take affidavits in matters relating to the performance of its functions under this chapter; (2) To issue subpoenas for and compel the attendance of witnesses and the production of books, contracts, papers, documents and other evidence; (3) To hear testimony and take or cause to be taken depositions of witnesses residing within or without this state in the manner prescribed by law for like depositions in civil actions in the supreme court. Subpoenas and commissions to take testimony shall be issued under the seal of the department.

8. Notwithstanding any other provision of this chapter or any other law, neither the industrial commissioner nor any board or other agency of the department of labor shall in any way direct, review, modify or reverse any decision or finding of the board, nor shall the industrial commissioner or any board or other agency of the department of labor supervise or control the board in the exercise of any powers or in the performance of its duties or functions under this chapter.

101. Review by industrial board of appeals.

1. Except where otherwise prescribed by law, any person in interest or his duly authorized agent may petition the board for a review of the validity or reasonableness of any rule, regulation or order made by the commissioner under the provisions of this chapter. Such petition shall be filed with the board no later than sixty days after the issuance of such rule, regulation or order.

2. The petition shall be filed with the board in accordance with such rules as the board shall prescribe, and shall state the rule, regulation, or order proposed to be reviewed and in what respects it is claimed to be invalid or unreasonable. Any objections to the rule, regulation or order not raised in such appeal shall be deemed waived. The board may join in one proceeding all petitions alleging invalidity or unreasonableness of substantially similar rules, regulations or orders. Except as otherwise prescribed by any provision of this chapter or any other law, the filing of such petition may, in the discretion of the board, operate to stay all proceedings against the petitioner under such rule, regulation or order until the determination of such petition.

3. If the board finds that the rule, regulation or order, or any part thereof, is invalid or unreasonable it shall revoke, amend or modify the same.

102. Review by court.

1. The decision of the board in a proceeding under section one hundred one of this chapter shall be final except that such decision shall be subject to appeal by an aggrieved party in a proceeding under article seventy-eight of the civil practice law and rules for judicial review, if such proceeding is commenced within sixty days after the decision is issued.

2. The commissioner shall be considered a party entitled, if aggrieved, to seek judicial review under this section.

103. Limited review of provisions of chapter and of rules, regulations and orders.

1. Every provision of this chapter and of the rules and regulations made in pursuance thereof, and every order directing compliance therewith, shall be valid unless declared invalid in a proceeding brought under the provisions of this chapter. Except as otherwise provided in this chapter, no court shall have jurisdiction to review or annul any such provision, rule, regulation or order or to restrain or interfere with its enforcement.

2. Every such provision, rule, regulation or order shall in a prosecution or action to impose a penalty for its violation be deemed valid unless prior thereto such provision, rule, regulation or order has been revoked or modified by the board or annulled by a court, or unless a proceeding under this article is pending, in which case the prosecution or action shall be stayed by the court pending the final determination thereof. If any such prosecution or action is commenced against a defendant who has not previously been served with an order to comply with such provision, rule, regulation or order or who has been served with such an order but has not had a reasonable opportunity to comply therewith, and if within five days the defendant commences proceedings under the provisions of this article, the prosecution or action shall be stayed as if such proceeding were pending at the time it was commenced. The provisions in this subdivision relating to court stays shall be subject to any provision in any other section of this chapter relating to stays of proceedings or actions.

104. Corporate instruments; inquiry by board.

Whenever any corporate instrument is submitted to the board for approval in accordance with the requirements of any statute, the board shall make such inquiry as it may deem advisable, and shall order a hearing, if necessary, in accordance with such rules as it shall prescribe, to determine whether or not the purposes of the proposed corporation are in all respects consistent with public policy and the labor law, and whether the corporate name is in all respects consistent with its purposes and activities or tends to be misleading. Notice of the time and place of such hearing shall be given to the applicant and to such other persons as the board may determine.


NYS Industrial Board of Appeals


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