THE INDUSTRIAL BOARD OF APPEALS
RULES OF PROCEDURE AND PRACTICE
Title 12 of the New York State Official Compilation of Codes Rules and Regulations, Chapter 1, Subchapter B, Part 69.
APPEALS UNDER DEFENSE EMERGENCY ACT
Section § 69.1 Application.
(a) The provisions of this Part relate to the procedure to be followed in appeals from orders issued by the Commissioner of Labor pursuant to article 5 of the New York State Defense Emergency Act.
(b) See Part 65 of this Subchapter for general rules of procedure and practice not specified in this Part.
(c) During the 1951 legislative session, the Legislature enacted the New York State Defense Emergency Act, which became a law April 12, 1951 and, as amended, is still in force. Article 5 of this act authorizes the Commissioner of Labor in appropriate cases to grant to employers engaged in defense work dispensations from requirements imposed by or pursuant to law which prevent or interfere with maximum possible production, and also to permit operation or employment in such defense work:
(1) on a seven-day basis;
(2) on a multiple-shift basis;
(3) under waiver of section 201-a; or
(4) under waiver of such other provisions of law as may regulate or restrict operation, hours, equipment, places or conditions of employment, persons that may be employed, or types of work in which certain persons may engage.
(d) Any person in interest who is aggrieved by a determination of the Commissioner of Labor with respect to an application under the said act may, within 20 days after the date of notice of such determination by the Commissioner of Labor, appeal the commissioner's findings and decision to the board. In such proceedings the board acts as an administrative appellate tribunal and is empowered to affirm, reverse or modify the initial determination rendered by the commissioner. The board gives such appeals priority over all other matters.
§ 69.2 How appeal to be commenced; time.
(a) An appeal under section 75 of article 5 of the Defense Emergency Act shall be commenced by filing a written petition with the board at its Albany office on or before the 20th day after the petitioner has received written notice of, and a copy of, the commissioner's determination.
(b) The petition shall be filed by mailing or delivering the original and three conformed copies thereof to the board at its Albany office.
§ 69.3 Content of petition.
(a) The petition shall state what dispensation is desired, what action was taken before and by the Commissioner of Labor, and the facts which the appellant claims to justify the dispensation.
(b) No special form is required. The following form is a suggestion:
(a) The petition shall be deemed to ask such relief as may be just and proper.
(b) All allegations of fact in the petition shall be deemed controverted by the Commissioner of Labor unless expressly admitted. No answer shall be required.
Upon the filing of a petition as herein provided, the board shall serve a copy thereof upon the Commissioner of Labor by mail or delivery to the office of the commissioner's general counsel. Upon receipt thereof, the commissioner shall submit to the board at its Albany office all files, papers and records relevant to the subject of the petition.
The petitioner and the Commissioner of Labor may file with the board such further relevant matter in writing as they think proper, provided that the board's proceedings shall not be delayed thereby.
Hearings ordered upon such appeals shall be held at such times and places as the board may direct, and upon such notice to the petitioners and the Commissioner of Labor as the board may deem reasonable.
Such appeals shall have precedence over all other matters.
The duration of rules contained in this Part shall be concurrent with that of the New York State Defense Emergency Act.