New York State
Industrial Board of Appeals
Rules of Procedure & Practice

The New York State Industrial Board of Appeals was established by the Legislature in 1975, within the Department of Labor only for administrative purposes. The Board is an autonomous, independent quasi-judicial review agency. It consists of five members appointed by the Governor with the advice and consent of the Senate. Its duties and powers include:
  1. Review of the validity or reasonableness of certain rules, regulations or orders made under the Labor Law. (Section 101 of the Labor Law).

  2. Approval of certain corporate instruments. (Business Corporation Law, Sections 201(b) and 301(a) (6); Not-for-Profit Corporation Law, Sections 404(j) and 1002.)

  3. Cancellation of the provisional filing or the revocation of the permanent filing of union labels on grounds set forth in Section 208 of the Labor Law.

  4. Review of determinations made by the Commissioner of Labor upon applications for a dispensation under Article 5 of the Defense Emergency Act.

  5. Review of minimum wage orders and regulations and determination of security for a stay thereof pursuant to Sections 657 and 676 of the Labor Law.

  6. Determination of appeals from minimum wage compliance orders issued by the Commissioner of Labor in respect to minimum wage orders or regulations or any provision of Article 19A of the Labor Law and to determine security for a stay pursuant to Sections 658 and 677 of the Labor Law.

    NOTE: THE BOARD IS NOT A LAW ENFORCEMENT AGENCY AND EXERCISES NO ENFORCEMENT FUNCTIONS.

    RULES OF PROCEDURE AND PRACTICE
    TABLE OF CONTENTS

Part/Sect. No. Title
65 PROCEDURE AND PRACTICE
SUB-PART A - GENERAL
65.1 Application
65.2 Gender and number
65.3 Computation of time
65.4 Record address
65.5 Filing and docketing
SUB-PART B PARTIES AND NOTICE OF PROCEEDINGS
65.6 Party status
65.7 Intervention
65.8 Representatives of parties
65.9 Service and notice by or on parties
65.10 Service and notice by board
SUB-PART C - PLEADINGS AND MOTIONS
65.11 Form
65.12 Pleadings and motions
65.13 Motions addressed to pleading; time for filing
65.14 Failure to file
SUB-PART D PRE - HEARING PROCEDURE AND DISCOVERY
65.15 Withdrawal of petition or application
65.16 Pre-hearing conference
65.17 Bills of particulars; procedure
65.18 Discovery depositions and interrogatories
65.19 Failure to comply with orders for discovery
65.20 Subpoenas
SUB-PART E - HEARINGS
65.21 Notice
65.22 Hearing; who shall conduct; to be public unless otherwise ordered
65.23 Postponement
65.24 Failure to appear
65.25 Payment of witness fees and mileage; fees of persons taking depositions
65.26 Transcript of testimony
65.27 Duties and powers of hearing officer
65.28 Duties and powers of board members
65.29 Rules of evidence
65.30 Burden of Proof
65.31 Examination of witnesses
65.32 Exclusion from hearing; striking testimony
65.33 Objections
65.34 Deposition in lieu of oral testimony; application; procedures; form; rulings
65.35 Exhibits
65.36 Filing of briefs and proposed findings with board; oral argument at hearing
65.37 Submission without hearing or appearance
SUB-PART F - DECISIONS AND POST DECISION ACTIONS
65.38 Record of proceedings
65.39 Decision of the board
65.40 Finality for purposes of judicial review
65.41 Reconsideration of petition or application
SUB-PART G - MISCELLANEOUS PROVISIONS
65.42 Settlement
65.43 Expedited proceedings
65.44 Consolidation
65.45 Severance
65.46 Standards of conduct
65.47 Joinder of petitioners
65.48 Joint hearing of proceedings
65.49 Dismissal
65.50 Ex parte communication
65.51 Restrictions as to participation by Commissioner of Labor
65.52 Inspection and reproduction of documents
65.53 Restrictions with respect to former employees
66 PROCEEEDINGS UNDER SECTION 101 OF THE LABOR LAW
66.1 Application
66.2 How review to be commenced
66.3 Form and content of petition
66.4 Service of petition on Commissioner of Labor for answer
66.5 Answer to petition; time for answer; contents of answer; service and filing of answer
66.6 Reply to answer; time for reply; contents of reply; service of reply
66.7 Amendment of pleadings
66.8 Amendment of pleadings to conform to proof
66.9 Stay of rule, regulation or order sought to be reviewed; exceptions
67 PROCEEDING FOR APPROVAL OF CERTAIN CORPORATE DOCUMENTS
67.1 Application
67.2 Applications; how and where made
67.3 Evidence at hearings in support of applications for approval of certificates of incorporation or authority to do business in this State
67.4 Intervention, objections; how raised; evidence thereon
68 REGISTRATION AND REVOCATION PROCEEDINGS FOR UNION LABELS, BRANDS AND MARKS
68.1 Application
68.2 How proceeding to be commenced
68.3 Service of petition on interested parties
68.4 Answer to petition; time for answer; contents of answer; service and filing of answer
68.5 Reply to answer; time for reply; contents of reply; service of reply
68.6 Amendment of pleadings
68.7 Amendment of pleadings to conform to proof
68.8 Motion to dismiss petition; when made; grounds
69 APPEALS UNDER DEFENSE EMERGENCY ACT
69.1 Application
69.2 How appeal to be commenced; time
69.3 Content of petition
69.4 Construction of petition; no answer required
69.5 Service of petition on Commissioner of Labor
69.6 Actions after service of petition
69.7 Hearings
69.8 Appeals to have priority
69.9 Duration of rules
70 APPEALS FROM MINIMUM WAGE ORDERS AND REGULATIONS UNDER SECTIONS 657 AND 676 OF LABOR LAW
70.1 Application
70.2 How appeal to be commenced; time
70.3 Form and contents of petition
70.4 Service of petition on Commissioner of Labor for answer
70.5 Answer to petition; time for answer; contents of answer; service and filing of answer; filing transcript of record
70.6 Inspection of record
70.7 Oral argument; briefs
70.8 Intervention
70.9 Amendment of pleadings to conform to proof
70.10 Security for stay
70.11 Waiver of security
70.12 Decision of board; time
71 APPEALS UNDER SECTION 677 OF THE LABOR LAW FROM MINIMUM WAGE COMPLIANCE ORDERS RELATING TO FARM WORKERS
71.1 Application
71.2 Questions raised; scope of inquiry
71.3 How appeal commenced; time
71.4 Form and content of petition
71.5 Service of petition on Commissioner of Labor for answer
71.6 Answer to petition; time for answer; service and filing of answer
71.7 Contents of answer
71.8 Amendment of pleadings
71.9 Amendment of pleadings to conform to proof
71.10 Security for stay; waiver of security
72 APPLICATIONS FOR STAY FROM NOTICE OF DANGEROUS CONDITION ("UNSAFE NOTICE") ISSUED PURSUANT TO SECTION 200(2) OF LABOR LAW
72.1 Application
72.2 Application; how made
72.3 Form and contents of petition
72.4 Answer to petition not required
72.5 Conduct of proceeding
73 PUBLIC ACCESS TO INDUSTRIAL BOARD OF APPEALS RECORDS
73.1 Application
73.2 Location and hours for public access; designation of records access and fiscal officers
73.3 Requests for records
73.4 Responses to requests
73.5 Fees
73.6 Industrial Board of Appeals subject matter list
73.7 Denial of access to records
73.8 Posted notice
73.9 Severability

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