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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 12. Department of Labor |
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Chapter I. Industrial Board of Appeals |
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Subchapter B. Rules of Procedure and Practice |
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Part 65. Procedure and Practice |
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Hearings |
Sec. 65.42. Duties and powers of board members
Latest version.
- The board by one or more of its members shall have the following duties and powers:(a) to conduct any investigation ordered by the board;(b) to report findings of investigations to the board;(c) to examine and receive any document or other evidence which is deemed pertinent, relevant or necessary to an investigation;(d) to record the testimony of any such witness, or to obtain from such witness a written statement, under oath or affirmation, on matters pertinent, relevant or necessary to an investigation;(e) to take affidavits;(f) to hold conferences for the settlement or simplification of the issues, on consent of the parties, and to report thereon, with recommendations, to the board;(g) to hold and conduct a hearing, when ordered by the board, relating to any matter pertaining to the board’s exercise of its functions;(h) to issue subpoenas for and compel the attendance of witnesses and the production of books, contracts, documents and other evidence;(i) to rule upon petitions to revoke, amend or modify subpoenas or subpoenas duces tecum, subject to confirmation by the board;(j) to administer oaths and affirmations;(k) to call, examine and cross-examine witnesses;(l) to receive offers of proof, to receive evidence and testimony, and to receive any objections to such offers of proof, or evidence and testimony, at or during any hearing;(m) to rule upon offers of proof and receive relevant evidence, subject to confirmation by the board;(n) to dispose of procedural requests or similar matters;(o) to allow any petition, answer or other document in any proceeding to be supplemented, amended or corrected, provided that such change does not operate to prejudice a party’s cause or unduly broaden or alter the issues of a proceeding;(p) to regulate, in any manner, the course of the hearing, subject to confirmation by the board; and(q) to continue an investigation or hearing from day to day or adjourn same to a later date or to a different place by announcement thereof at the hearing or by other notice.