N.Y. LAB Law § 100 — New York Code / Act LAB / Article 3 / Section 100
Industrial board of appeals
Status: in_force

§ 100. Industrial board of appeals. 1. There is hereby created in the\ndepartment of labor a board, to be known as the industrial board of\nappeals, which shall be composed of five members, at least one of whom\nshall be a lawyer. Of the first members of the board, two shall be\ndesignated by the governor from among the members of the board of\nstandards and appeals in office on the day preceding the effective date\nof this act, who shall serve for terms expiring on December\nthirty-first, nineteen hundred seventy-seven, and three shall be\nappointed by the governor, with the advice and consent of the senate,\ntwo of whom shall be appointed for terms expiring on December\nthirty-first, nineteen hundred seventy-six, and one of whom shall be\nappointed for a term expiring on December thirty-first, nineteen hundred\nseventy-eight. Their successors shall be appointed by the governor, with\nthe advice and consent of the senate, for terms of six years, except\nthat if a vacancy occurs otherwise than by expiration of term, it shall\nbe filled for the unexpired term. The governor shall designate one\nmember to serve as chairman of the board. The governor may remove a\nmember of the board for inefficiency, neglect of duty or misconduct in\noffice after giving him a copy of the charges and an opportunity of\nbeing publicly heard in person or by counsel on not less than ten days\nnotice. If a member of the board be removed the governor shall file with\nthe department of state a record of his proceedings in respect of such\nremoval and his findings therein.\n  2. The members of the board shall receive compensation as determined\nby the governor within the limits of the appropriation made therefor.\nThe chairman shall devote his entire time to the duties of his office\nand shall not hold any other public office nor engage in any other\nbusiness, vocation or employment. The reasonable and necessary traveling\nand other expenses of the members of the board and other officers and\nemployees of the board, while actually engaged in the performance of\ntheir duties shall be paid from the state treasury upon the audit and\nwarrant of the comptroller, upon vouchers approved by the chairman.\n  3. The industrial commissioner shall detail to the board such\nemployees as shall be reasonably necessary to perform the duties of the\nboard and shall fix their compensation within the limits of the\nappropriation made therefor.\n  4. The principal office of the board shall be in the county of Albany,\nbut it may meet and exercise any or all of its powers at any other place\nwithin the state.\n  5. (a) The board shall not be bound by technical rules of procedure\nand evidence and shall conduct all hearings according to procedure\nprescribed by the board.\n  (b) The board may designate one or more of its members or competent\nemployees to hold a hearing or investigation relating to any matter\npertaining to the execution of its functions, and to report to the\nboard.\n  (c) The board by one or more members shall have the power:\n  (1) To administer oaths and take affidavits in matters relating to the\nperformance of its functions under this chapter;\n  (2) To issue subpoenas for and compel the attendance of witnesses and\nthe production of books, contracts, papers, documents and other\nevidence;\n  (3) To hear testimony and take or cause to be taken depositions of\nwitnesses residing within or without this state in the manner prescribed\nby law for like depositions in civil actions in the supreme court.\nSubpoenas and commissions to take testimony shall be issued under the\nseal of the department.\n  8. Notwithstanding any other provision of this chapter or any other\nlaw, neither the industrial commissioner nor any board or other agency\nof the department of labor shall in any way direct, review, modify or\nreverse any decision or finding of the board, nor shall the industrial\ncommissioner or any board or other agency of the department of labor\nsupervise or control the board in the exercise of any powers or in the\nperformance of its duties or functions under this chapter.\n