2023 New York Laws › EXC - Executive › Article 15 - Human Rights Law › 295 - General Powers and Duties of Division.

§ 295. General  powers  and  duties  of division. The division, by and
through the commissioner or  his  or  her  duly  authorized  officer  or
employee, shall have the following functions, powers and duties:
1.  To  establish  and  maintain  its principal office, and such other
offices within the state as it may deem necessary.
2. To function at any place within the state.
3. To appoint such officers, attorneys, clerks and other employees and
agents, consultants and special committees as it may deem necessary, fix
their compensation within the limitations provided by law, and prescribe
their duties.
4. To obtain upon request and utilize the services of all governmental
departments and agencies.
5.  To  adopt,  promulgate,  amend  and  rescind  suitable  rules  and
regulations  to  carry  out  the  provisions  of  this  article, and the
policies and practices of the division in connection therewith.
6. (a) To receive,  investigate  and  pass  upon  complaints  alleging
violations of this article.
(b) Upon its own motion, to test and investigate and to make, sign and
file  complaints  alleging  violations  of  this article and to initiate
investigations and studies to carry out the purposes of this article.
7.   To   hold   hearings,   to   provide   where   appropriate    for
cross-interrogatories,  subpoena  witnesses,  compel  their  attendance,
administer oaths, take the testimony of any person under  oath,  and  in
connection  therewith,  to require the production for examination of any
books or papers  relating  to  any  matter  under  investigation  or  in
question  before  the  division.  The  division may make rules as to the
issuance of subpoenas which may be issued by the division at  any  stage
of any investigation or proceeding before it.
In  any such investigation or hearing, the commissioner, or an officer
duly designated by the commissioner to  conduct  such  investigation  or
hearing,  may  confer  immunity  in  accordance  with  the provisions of
section 50.20 of the criminal procedure law.
8. To create such advisory councils, local, regional or state-wide, as
in its judgment will aid in effectuating the purposes  of  this  article
and  of section eleven of article one of the constitution of this state,
and  the  division  may  empower  them  to   study   the   problems   of
discrimination  in  all  or specific fields of human relationships or in
specific instances of discrimination because of age, race, creed, color,
national origin, sexual  orientation,  gender  identity  or  expression,
military   status,   sex,   disability   or   marital  status  and  make
recommendations to the division for  the  development  of  policies  and
procedures  in  general and in specific instances. The advisory councils
also shall disseminate information about the  division's  activities  to
organizations   and  individuals  in  their  localities.  Such  advisory
councils shall be composed of representative citizens,  serving  without
pay, but with reimbursement for actual and necessary traveling expenses;
and   the  division  may  make  provision  for  technical  and  clerical
assistance to such councils and for the expenses of such assistance.
9. To develop human rights plans and policies for the state and assist
in their execution and to make investigations and studies appropriate to
effectuate this article and to issue such publications and such  results
of  investigations  and research as in its judgement will tend to inform
persons of the rights assured and remedies provided under this  article,
to promote good-will and minimize or eliminate discrimination because of
age,  race,  creed,  color,  national origin, sexual orientation, gender
identity or expression, military  status,  sex,  disability  or  marital
status.
10.  To render each year to the governor and to the legislature a full
written report of all its activities and of its recommendations.
11.  To  inquire  into  incidents  of and conditions which may lead to
tension and conflict among racial, religious and nationality groups  and
to take such action within the authority granted by law to the division,
as may be designed to alleviate such conditions, tension and conflict.
12.  To  furnish  any  person  with  such  technical assistance as the
division deems appropriate to further compliance with  the  purposes  or
provisions of this article.
13.  To  promote  the  creation  of human rights agencies by counties,
cities,  villages  or  towns  in  circumstances   the   division   deems
appropriate.
14.  To  accept,  with  the  approval of the governor, as agent of the
state, any grant, including federal grants, or any gift for any  of  the
purposes  of this article. Any moneys so received may be expended by the
division to effectuate any purpose of this article, subject to the  same
limitations  as  to approval of expenditures and audit as are prescribed
for state moneys appropriated for the purposes of this article.
15. To adopt an official seal.
16. To have concurrent jurisdiction with the New York city  commission
on  human  rights  over the administration and enforcement of title C of
chapter one of the administrative code of the city of New York.
17. To establish a dedicated telephone line to provide  assistance  to
individuals  with  complaints of housing discrimination. Such assistance
shall include, but not be limited to, directing individuals to resources
available to the public regarding housing discrimination.  The  division
shall  operate  such  dedicated  telephone  line during regular business
hours and shall post the telephone number for such dedicated phone  line
on  the  website  of the division. The commissioner is hereby authorized
and directed to promulgate  rules  and  regulations  to  effectuate  the
purposes of this subdivision.
18.   To  establish  a  toll  free  confidential  hotline  to  provide
individuals with complaints of workplace sexual harassment  counsel  and
assistance.  The  division  shall  operate  this  hotline during regular
business hours and disseminate information about this hotline  in  order
to ensure public knowledge of the hotline, including by working with the
department  of  labor  to  ensure  that  information  on  the hotline is
included in any materials employers must post or  provide  to  employees
regarding  sexual  harassment. The division will work with organizations
representing attorneys, including but not limited to the New York  state
bar  association,  to recruit attorneys experienced in providing counsel
related to sexual harassment matters who can provide pro bono assistance
and counsel to individuals that contact the hotline. The  hotline  shall
comply with all of the requirements for a program operated under the New
York Rules of Professional Conduct, 12 NYCRR, Rule 6.5 (Participation in
limited  pro bono legal service programs). Attorneys may not solicit, or
permit employees or agents of the attorneys to solicit on the attorney's
behalf, further representation of any individuals  they  advise  through
the hotline relating to discussed sexual harassment complaint.