NY Work Comp L § 150 (2021)
2021 New York Laws WKC - Workers' Compensation Article 8 - Administration 150 - Referees and Secretary.

§  150.  Referees  and  secretary. (a) The chair shall appoint as many persons as may be  necessary  to  be  referees  to  perform  the  duties prescribed  by  this  section. All positions of referee now in existence shall remain in the exempt class of the classified civil service, except as  otherwise  provided  herein.  The  term  of  referees  appointed  to positions  in  the  exempt  class  shall be seven years from the date of appointment; provided, however, that referees  may  be  removed  by  the chair  for cause after notice of charges and an opportunity to be heard. A newly created position of referee, or one that has been vacated, shall be classified in the competitive class of the  classified  service,  and the   term   of  office  prescribed  herein  shall  not  apply  to  such appointments; provided, however, that those who are serving  in  referee positions  on  the  date  that this act becomes effective whose term has already expired or whose term expires on or after  such  effective  date may,  in the discretion of the appointing authority, be retained in that position until the expiration of the eligible list  established  as  the result  of  the next competitive examination appropriate for such title, held after January first, nineteen hundred  ninety-one  or  may,  before such time, be appointed from such eligible list.   A  referee  shall  devote his or her entire time to the duties of that office and shall not hold any other public office or  public  employment for which compensation is received, other than necessary travel or other expenses  incurred  in  the  performance of the duties of such office or employment, and may engage in any employment that does not conflict with the proper performance of the duties of his or her  office  and  is  not inconsistent  with  the  public  officers law. Referees shall receive an annual salary to be fixed by the chair  within  the  appropriation  made therefor.  (b)  It  shall  be  the  duty of a referee, under rules adopted by the board, to hear and determine claims for  compensation,  and  to  conduct such  hearings and investigations and to make such orders, decisions and determinations as may be required by any  general  or  special  rule  or order of the board under the provisions of this chapter. The decision of a referee on such a claim shall be deemed the decision of the board from the  date  of  the  filing thereof in the office of the secretary of the board unless the board, on its own motion or on application duly made to it, modify or rescind such decision. Whenever any deaf person is a party to a hearing conducted before a  referee,  or  a  witness  therein,  the referee  shall  in  all instances appoint a qualified interpreter who is certified by a recognized  national  or  New  York  state  credentialing authority to interpret the proceedings to and the testimony of such deaf person.  The  board  shall  determine  a  reasonable  fee  for  all such interpreting  services,  the  cost  of   which   shall   constitute   an administrative expense.  (c)  Notwithstanding  any  other  provisions  of  this  section to the contrary, the chair may establish a list of board employees qualified by training or experience to serve as acting referees. When  the  chair  or his  or  her  duly  designated  representative  shall  determine  that a temporary emergency exists, he, she or said representative may assign an employee from such list to  serve  as  an  acting  referee  during  such temporary  emergency.  Such  board  employee  qualified  by  training or experience shall serve without additional compensation  and  shall  have all the powers and duties of a duly appointed referee.  (d) There shall be a secretary of the board who shall be appointed and may  be  removed by the board. The board shall fix his salary within the limits of the appropriations therefor. The secretary shall perform  such duties in connection with meetings of the board and such other duties as may  be  assigned to him by the board. He shall also perform such of the  administrative duties and have such of the administrative powers of  the chairman  of  the  board  as  may be delegated or assigned to him by the chairman.