NY Lab L § 100 (2021)
2021 New York Laws LAB - Labor Article 3 - Administrative and Judicial Review 100 - Industrial Board of Appeals.

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