N.Y. EXC Law § 534-D — New York Code / Act EXC / Article 19-I / Section 534-D
General powers of the commission
Status: in_force

§ 534-d. General powers of the commission. In addition to the powers\nand duties elsewhere prescribed herein, the commission shall have the\npower:\n  1. To have a seal and alter the same at pleasure.\n  2. To determine the location, size and suitability of accommodations\nnecessary and desirable for the establishment and maintenance of the\nemployment information centers provided in section five hundred\nthirty-four-o of this article and for administrative offices for the\ncommission.\n  3. To administer and enforce the provisions of this act.\n  4. To promulgate and enforce such rules and regulations as the\ncommission may deem necessary to effectuate the purposes of this act or\nto prevent the circumvention or evasion thereof. As used in this act,\n"regulations" include those rules and regulations of the bi-state\ncommission which shall continue in effect as the rules and regulations\nof the commission until amended, supplemented, or rescinded by the\ncommission pursuant to the state administrative procedure act.\nPreviously promulgated regulations inconsistent with the provisions of\nthis act shall be deemed void. No later than one hundred eighty days\nafter this act shall have become law, the commission shall commence\nreview of its regulations in order to recommend necessary changes. In\nits review, the commission shall consult with relevant employers and\nlabor organizations.\n  5. To appoint such officers, agents and employees as it may deem\nnecessary, prescribe their powers, duties and qualifications and fix\ntheir compensation and retain and employ counsel and private consultants\non a contract basis or otherwise, within the limits provided by\nappropriation.\n  6. By its commissioner and its properly designated officers, agents\nand employees, to administer oaths and issue subpoenas to compel the\nattendance of witnesses and the giving of testimony and the production\nof other evidence.\n  7. To have for its commissioner and its properly designated officers,\nagents and employees, full and free access, ingress and egress to and\nfrom all vessels, piers and other waterfront terminals or other places\nin the port of New York district in this state, for the purposes of\nmaking inspection or enforcing the provisions of this act; and no person\nshall obstruct or in any way interfere with any such commissioner,\nofficer, employee or agent in the making of such inspection, or in the\nenforcement of the provisions of this act or in the performance of any\nother power or duty under this act.\n  8. To recover possession of any suspended or revoked license issued\nunder this act.\n  9. To make investigations, collect and compile information concerning\nwaterfront practices generally within the port of New York district in\nthis state and upon all matters relating to the accomplishment of the\nobjectives of this act.\n  10. To advise and consult with representatives of labor and industry\nand with public officials and agencies concerned with the effectuation\nof the purposes of this act, upon all matters which the commission may\ndesire, including but not limited to the form and substance of rules and\nregulations, the administration of the act, maintenance of the longshore\nworkers' register, and issuance and revocation of licenses.\n  11. To make annual and other reports to the governor and legislature.\n  12. To cooperate with and receive from any department, division,\nbureau, board, commission, or agency of this state, or of any county or\nmunicipality thereof, such assistance and data as will enable it\nproperly to carry out its powers and duties hereunder; and to request\nany such department, division, bureau, board, commission, or agency,\nwith the consent thereof, to execute such of its functions and powers,\nas the public interest may require.\n  13. To designate officers, employees and agents who may exercise the\npowers and duties of the commission except the power to make rules and\nregulations. Notwithstanding any other provision of law, the officers,\nemployees and agents of the commission established by this act may be\nappointed or employed without regard to their state of residence.\n  14. To issue temporary permits and permit temporary registrations\nunder such terms and conditions as the commission may prescribe which\nshall be valid for a period to be fixed by the commission not in excess\nof six months.\n  15. To require any applicant for a license or registration or any\nprospective licensee to furnish such facts and evidence as the\ncommission may deem appropriate to enable it to ascertain whether the\nlicense or registration should be granted.\n  16. In any case in which the commission has the power to revoke or\nsuspend any stevedore license the commission shall also have the power\nto impose as an alternative to such revocation or suspension, a penalty,\nwhich the licensee may elect to pay to the commission in lieu of the\nrevocation or suspension. The maximum penalty shall be five thousand\ndollars for each separate offense. The commission may, for good cause\nshown, abate all or part of such penalty.\n  17. To designate any officer, agent or employee of the commission to\nbe an investigator who shall be vested with all the powers of a peace or\npolice officer of the state of New York.\n  18. To confer immunity, in the manner prescribed by subdivision one of\nsection five hundred thirty-four-v of this article.\n  19. To require any applicant for registration as a longshore worker,\nany applicant for registration as a checker or any applicant for\nregistration as a telecommunications system controller and any person\nwho is sponsored for a license as a pier superintendent or hiring agent,\nany person who is an individual owner of an applicant stevedore or any\npersons who are individual partners of an applicant stevedore, or any\nofficers, directors or stockholders owning five percent or more of any\nof the stock of an applicant corporate stevedore or any applicant for a\nlicense as a security officer or any other category of applicant for\nregistration or licensing within the commission's jurisdiction to be\nfingerprinted by the commission at the cost and expense of the\napplicant.\n  20. To exchange fingerprint data with and receive state criminal\nhistory record information from the division of criminal justice\nservices and federal criminal history record information from the\nfederal bureau of investigation for use in making the determinations\nrequired by this act.\n  21. Notwithstanding any other provision of law to the contrary, to\nrequire any applicant for employment or employee of the commission to be\nfingerprinted and to exchange fingerprint data with and receive state\ncriminal history record information from the division of criminal\njustice services and federal criminal history information from the\nfederal bureau of investigation for use in the hiring or retention of\nsuch person.\n  22. To cooperate with a similar entity established in the state of New\nJersey, to exchange information on any matter pertinent to the purposes\nof this act, and to, in its discretion, enter into reciprocal agreements\nfor the accomplishment of such purposes, including but not limited to\nthe following objectives:\n  (a) To give reciprocal effect to any approval, revocation, suspension\nor reprimand with respect to any licensee, and any inclusion in, or\nreprimand or removal from a longshore workers' register;\n  (b) To provide that any act or omission by a licensee or registrant in\neither state which would be a basis for disciplinary action against such\nlicensee or registrant if it occurred in the state in which the license\nwas issued or the person registered shall be the basis for disciplinary\naction in both states; and\n  (c) To provide that longshore workers registered in either state, who\nperform work or who apply for work at an employment information center\nwithin the other state, shall be deemed to have performed work or to\nhave applied for work in the state in which they are registered.\n