N.Y. LAB Law § 860-F — New York Code / Act LAB / Article 25-A / Section 860-F
Powers of the commissioner
Status: in_force

§ 860-f. Powers of the commissioner. 1. The commissioner shall\nprescribe such rules as may be necessary to carry out this article. The\nrules shall, at a minimum, include provisions that allow the parties\naccess to administrative hearings for any actions of the department\nunder this article.\n  2. In any investigation or proceeding under this article, the\ncommissioner has, in addition to all other powers granted by law, the\nauthority to examine any information of an employer necessary to\ndetermine whether a violation of this article has occurred, including to\ndetermine the validity of any defense.\n  3. Except as provided in this section, information obtained through\nadministration of this article from an employer subject to this article\nand which is not otherwise obtainable by the commissioner under this\nchapter shall: (a) be confidential; and (b) not be published or open to\npublic inspection. Prior to public disclosure of any such information in\nconnection with any court action or proceeding, the employer shall be\ngiven a reasonable opportunity to make application to protect the\ninformation's confidentiality.\n  4. No decision or order issued pursuant to this article shall be\nadmissible or used in evidence in any subsequent court proceeding except\nin an action by the commissioner or the employer to implement, enforce,\nor challenge a determination made by the commissioner pursuant to this\narticle.\n  5. Any officer or employer of the state, any officer or employee of\nany entity authorized to obtain information pursuant to this section,\nand any agent to this state or of such entity who, except with authority\nof the commissioner under this section, discloses information is guilty\nof a misdemeanor.\n  6. If, after an administrative hearing, the commissioner shall\ndetermine that an employer has violated any of the requirements of this\narticle or any rules or regulations promulgated hereunder, the\ncommissioner shall issue an order which shall include any penalties\nassessed by the commissioner under sections eight hundred sixty-g and\neight hundred sixty-h of this article. Upon the entry of such order, any\nparty aggrieved thereby may commence a proceeding for the review thereof\npursuant to article seventy-eight of the civil practice law and rules\nwithin thirty days from the notice of the filing of the said order in\nthe office of the commissioner. Such proceeding shall be commenced\ndirectly in the appellate division of the supreme court. If such order\nis not reviewed, or is so reviewed and the final decision is in favor of\nthe commissioner, the commissioner may file with the county clerk of the\ncounty where the employer resides or has a place of business the order\nof the commissioner containing the amount found to be due. The filing of\nsuch order shall have the full force and effect of a judgment duly\ndocketed in the office of such clerk. The order may be enforced by and\nin the name of the commissioner in the same manner, and with like\neffect, as that prescribed by the civil practice law and rules for the\nenforcement of a money judgment.\n  7. The commissioner shall distribute any back pay and the value of any\nbenefits recovered to any employees subject to the violation.\n