NY Lab L § 860-F (2021)
2021 New York Laws LAB - Labor Article 25-A - New York State Worker Adjustment and Retraining Notification Act 860-F - Powers of the Commissioner.

§  860-f.  Powers  of  the  commissioner.  1.  The  commissioner shall   prescribe such rules as may be necessary to carry out this article.  The   rules  shall,  at  a  minimum, include provisions that allow the parties   access to administrative hearings for  any  actions  of  the  department   under this article.2.  In  any  investigation  or  proceeding  under  this  article,  the   commissioner has, in addition to all other powers granted  by  law,  the   authority  to  examine  any  information  of  an  employer  necessary to   determine whether a violation of this article has occurred, including to   determine the validity of any defense.3. Except as provided in this section,  information  obtained  through   administration  of this article from an employer subject to this article   and which is not otherwise obtainable by  the  commissioner  under  this   chapter  shall: (a) be confidential; and (b) not be published or open to   public inspection. Prior to public disclosure of any such information in   connection with any court action or proceeding, the  employer  shall  be   given  a  reasonable  opportunity  to  make  application  to protect the   information's confidentiality.4. No decision or order issued  pursuant  to  this  article  shall  be   admissible or used in evidence in any subsequent court proceeding except   in  an action by the commissioner or the employer to implement, enforce,   or challenge a determination made by the commissioner pursuant  to  this   article.5.  Any  officer  or employer of the state, any officer or employee of   any entity authorized to obtain information pursuant  to  this  section,   and any agent to this state or of such entity who, except with authority   of  the commissioner under this section, discloses information is guilty   of a misdemeanor.6.  If,  after  an  administrative  hearing,  the  commissioner  shall   determine  that an employer has violated any of the requirements of this   article  or  any  rules  or  regulations  promulgated   hereunder,   the   commissioner  shall  issue  an  order  which shall include any penalties   assessed by the commissioner under sections eight  hundred  sixty-g  and   eight hundred sixty-h of this article. Upon the entry of such order, any   party aggrieved thereby may commence a proceeding for the review thereof   pursuant  to  article  seventy-eight of the civil practice law and rules   within thirty days from the notice of the filing of the  said  order  in   the  office  of  the  commissioner.  Such  proceeding shall be commenced   directly in the appellate division of the supreme court. If  such  order   is not reviewed, or is so reviewed and the final decision is in favor of   the commissioner, the commissioner may file with the county clerk of the   county  where  the employer resides or has a place of business the order   of the commissioner containing the amount found to be due. The filing of   such order shall have the full force  and  effect  of  a  judgment  duly   docketed  in  the office of such clerk. The order may be enforced by and   in the name of the commissioner  in  the  same  manner,  and  with  like   effect,  as  that prescribed by the civil practice law and rules for the   enforcement of a money judgment.7. The commissioner shall distribute any back pay and the value of any   benefits recovered to any employees subject to the violation.