2023 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.