2023 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  chapter  shall: (a) be confidential; and (b) not be published or open to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.