reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.27 - Extension of time to file a pleading or other document

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any application for an extension of time
					 to file any pleading or other document required by these rules must be filed
					 with the Board, and copied to all other parties, no later than three days prior
					 to the date the pleading or other document is due and must state the ground or
					 grounds for the request. Any party objecting to an application for an extension
					 of time to file a pleading or other document must do so promptly in writing and
					 copy all other parties to the proceeding.
(b) The statute of limitations for filing a
					 petition to commence a proceeding cannot be extended by the Board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.28 - Failure to file a pleading

Current through Register Vol. 46, No. 28, July 10, 2024
Failure to file any pleading pursuant to these rules when
						due, may at the discretion of the Board, constitute a waiver of the right to
						further participation in the proceeding.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.29 - Withdrawal of petition or other pleading

Current through Register Vol. 46, No. 28, July 10, 2024
A party may withdraw a petition or other pleading at any
						time by notifying the Board in writing with a copy to all other parties to the
						proceeding.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.30 - Mistakes, omissions, defects and irregularities

Current through Register Vol. 46, No. 28, July 10, 2024
At any state of a proceeding the Board may permit a
						mistake, omission, defect, or irregularity to be corrected, upon such terms as
						may be just, or if a substantial right of a party is not prejudiced, the
						mistake, omission, defect, or irregularity may be
						disregarded.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.31 - Stays

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The filing of a
					 petition may, at the discretion of the Board, operate to stay all proceedings
					 against the petitioner under such order, determination, rule, or regulation
					 until the determination of such petition. Such discretion may be exercised, if
					 at all, upon written application therefor, which application shall be supported
					 by affidavits, documentary evidence, or other evidence demonstrating the
					 necessity for such stay, the financial responsibility of the applicant when
					 relevant, and that the grant of such stay will not unduly prejudice any
					 employee, the public or the Department of Labor. The Commissioner of Labor
					 shall have such opportunity as the Board shall deem reasonable and sufficient
					 to object to or oppose the application for a stay.
(b) Application for a stay of enforcement of
					 an order issued under Labor Law § 200 shall be granted or denied by the Board
					 within 72 hours after the filing of the application.
(c) A stay of enforcement of a minimum wage
					 compliance order requires the posting of security or the obtaining of a waiver
					 of security as provided for in Labor Law § 657. The application shall be made
					 in the manner provided in rule 71.10 of these rules.
(d) Upon the filing of an application for a
					 stay of enforcement of an order issued under Labor Law § 27-a, a hearing
					 officer, designated by the Board, shall promptly schedule an onsite inspection
					 to be attended by representatives of the applicant, of the affected employees
					 and of the Commissioner of Labor. After inspecting the condition or conditions
					 on which the alleged violation is based, and after hearing the representatives
					 of the applicant, of the employees and of the Commissioner of Labor, the
					 hearing officer shall report promptly to the Board. The hearing officer's
					 report shall also include the application, any writings or documents submitted
					 in connection with the application, and such other material as the hearing
					 officer may deem appropriate. The Board may deny such application or may grant
					 the same to such an extent and upon such terms and conditions as the Board
					 shall determine.
(e) The granting
					 of a stay does not affect the general enforcement of an order, determination,
					 rule or regulation against anyone who has not filed a petition.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart D - Pre-hearing procedure and discovery › Section 65.32 - Pre-hearing conference; document exchange

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At any time prior to hearing, the Board
					 or a designated hearing officer may direct the parties or their representatives
					 to exchange documents, to participate in a pre-hearing conference, or
					 both.
(b) Pre-hearing conferences
					 are conducted by telephone or video-teleconference, unless otherwise directed
					 by the Board or hearing officer.
(c) Except in the case of emergency or
					 unusual circumstances, any party seeking postponement of a scheduled
					 pre-hearing conference must file a written request with a copy to all other
					 parties at least seven days prior to the date scheduled for the pre-hearing
					 conference. The request for postponement must state the reason or reasons for
					 the request.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart D - Pre-hearing procedure and discovery › Section 65.33 - Prehearing briefs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Board
					 or hearing officer may, when it appears necessary, require the parties to
					 submit prehearing briefs that include any or all of the following:
(1) statements of the principal contentions
					 of the parties;
(2) identification
					 of evidence to be submitted at hearing and the purpose of the
					 evidence;
(3) names of witnesses
					 and subjects of their testimony; and/or
(4) discussion of the legal issues.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart D - Pre-hearing procedure and discovery › Section 65.34 - Bills of particulars

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 demand for a bill of particulars may be made by any party to a proceeding
					 within 10 days after an answer to a petition is filed. Thereafter, a demand for
					 a bill of particulars may only be made with the Board's approval.
(b) A bill of particulars must be served on
					 the party demanding it, or objections filed with the Board, no more than 10
					 days after the date the demand was served.
(c) If objections to a demand for a bill of
					 particulars are filed, a copy of the demand must be attached to the objections.
					 The demanding party's response to the objections, if any, must be filed with
					 the Board, with proof of service on the objecting party, within 10 days after
					 service of the objections.
(d) If a
					 party fails to serve a timely bill of particulars or the bill of particulars is
					 insufficient, the demanding party may file a motion requesting the Board to
					 enforce the demand. The motion must include a copy of the demand, and if a bill
					 has been served, a copy of the bill. The motion must be made in the manner set
					 forth by section
					 65.24  of these
					 rules except that such motion may be made within 10 days after the time to
					 serve the bill has expired. A response to the motion, if any, must be filed,
					 with proof of service, within 10 days after service of the motion. A reply to
					 the response, if any, must be filed, with proof of service, within 5 days after
					 service of the response.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart D - Pre-hearing procedure and discovery › Section 65.35 - Interrogatories

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Interrogatories
					 directed to a party or witness are not allowed unless ordered by the Board upon
					 a showing of good cause.
(b) An
					 application to serve interrogatories on a party or witness must be made by
					 motion in the same manner as a motion addressed to the pleadings.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart D - Pre-hearing procedure and discovery › Section 65.36 - Depositions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Depositions of
					 parties or witnesses are not allowed unless ordered by the Board upon a showing
					 of good cause.
(b) An application
					 to depose a party or witness must be made by motion in the same manner as a
					 motion addressed to the pleadings brought under section
					 65.24.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart D - Pre-hearing procedure and discovery › Section 65.37 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Board, by
					 one or more members, or by a designated employee, has the power to issue
					 subpoenas for and compel the attendance of witnesses and the production of
					 evidence.
(b) Applications for
					 subpoenas must be filed with the Board no later than 30 days prior to a
					 scheduled hearing and must show the name and address of the party at whose
					 request the subpoena is to be issued.
(c) Any person who is served with a subpoena
					 may move within 10 days after service of the subpoena to revoke or modify it if
					 the evidence requested is not relevant to the proceeding, the subpoena does not
					 adequately describe the evidence requested, or for any other reason sufficient
					 in law that the subpoena should be revoked or modified.
(d) A motion to revoke or modify a subpoena
					 must be made in the same manner as a motion addressed to a pleading brought
					 under section
					 65.24  of these
					 rules except a response to a motion to revoke or modify a subpoena must be
					 filed, with proof of service, within 10 days after service of the motion unless
					 otherwise directed by the Board. A reply, if any, must be filed with proof of
					 service, within 10 days after the service of the response unless otherwise
					 directed by the Board.
(e) A person
					 subpoenaed to produce evidence or to appear at a hearing is entitled to the
					 payment of the same fees and mileage as required by the Civil Practice Law and
					 Rules.
(f) Persons subpoenaed to
					 submit data or evidence at a public proceeding are entitled, upon payment of
					 lawfully prescribed costs, to obtain a copy of the transcript of the data or
					 evidence they submitted.
(g) Copies
					 of the Board's subpoena forms may be requested by phone, in writing, or may be
					 found at the Board's website. The subpoena form must be completed by the party
					 requesting issuance of a subpoena and submitted to the Board for issuance. The
					 requesting party must also send notice to each non-requesting party of the
					 subpoena requests. Service of a subpoena issued by the Board is the
					 responsibility of the requesting party.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart D - Pre-hearing procedure and discovery › Section 65.38 - Failure to comply with discovery

Current through Register Vol. 46, No. 28, July 10, 2024
The Board may issue orders for appropriate relief if any
						party fails to comply with any provision of sub-part D of these rules,
						including deeming a party's failure to comply with any provision of sub-part D
						of these rules as a waiver of the right to further participation in the
						proceeding.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.39 - Burden of proof; de novo hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The burden of proof of every allegation in a proceeding shall be on the party
					 asserting it.
(b) A hearing under
					 these rules is de novo and parties may submit any testimony, documentary, or
					 other evidence which is material and relevant to the issue. Evidence submitted
					 to the Department of Labor prior to the hearing must be resubmitted at the
					 hearing for it to be considered by the Board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.40 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Notice of the time, place, and nature of a hearing will
						be given by the Board to all parties to a proceeding at least 10 days in
						advance of the date of the hearing unless otherwise agreed by the
						parties.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.41 - Postponement of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Postponement of a hearing ordinarily will not be allowed.
(b) Except in the case of an emergency or in
					 unusual circumstances, any party seeking postponement of a scheduled hearing
					 must file a written request with a copy to all other parties at least 10 days
					 prior to the scheduled hearing date. The request for postponement must state
					 the reason or reasons postponement should be granted.
(c) Objections to a request for postponement
					 of a scheduled hearing, if any, must be promptly filed with the Board with
					 proof of service.
(d) No
					 postponement is allowed without the Board's approval, and the Board's approval
					 may, where a request for postponement was not timely made, and no emergency or
					 unusual circumstances otherwise excuse the untimely request, be contingent on
					 payment of reasonable costs incurred by the Board caused by a party's failure
					 to make a timely request for postponement.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.42 - Duties and powers of Board members

Current through Register Vol. 46, No. 28, July 10, 2024
The Board by one or more of its members shall have the
						following duties and powers:
(a) to
					 conduct any investigation ordered by the Board;
(b) to report findings of investigations to
					 the Board;
(c) to examine and
					 receive any document or other evidence which is deemed pertinent, relevant or
					 necessary to an investigation;
(d)
					 to record the testimony of any such witness, or to obtain from such witness a
					 written statement, under oath or affirmation, on matters pertinent, relevant or
					 necessary to an investigation;
(e)
					 to take affidavits;
(f) to hold
					 conferences for the settlement or simplification of the issues, on consent of
					 the parties, and to report thereon, with recommendations, to the
					 Board;
(g) to hold and conduct a
					 hearing, when ordered by the Board, relating to any matter pertaining to the
					 Board's exercise of its functions;
(h) to issue subpoenas for and compel the
					 attendance of witnesses and the production of books, contracts, documents and
					 other evidence;
(i) to rule upon
					 petitions to revoke, amend or modify subpoenas or subpoenas duces tecum,
					 subject to confirmation by the Board;
(j) to administer oaths and
					 affirmations;
(k) to call, examine
					 and cross-examine witnesses;
(l) to
					 receive offers of proof, to receive evidence and testimony, and to receive any
					 objections to such offers of proof, or evidence and testimony, at or during any
					 hearing;
(m) to rule upon offers of
					 proof and receive relevant evidence, subject to confirmation by the
					 Board;
(n) to dispose of procedural
					 requests or similar matters;
(o) to
					 allow any petition, answer or other document in any proceeding to be
					 supplemented, amended or corrected, provided that such change does not operate
					 to prejudice a party's cause or unduly broaden or alter the issues of a
					 proceeding;
(p) to regulate, in any
					 manner, the course of the hearing, subject to confirmation by the Board;
					 and
(q) to continue an
					 investigation or hearing from day to day or adjourn same to a later date or to
					 a different place by announcement thereof at the hearing or by other
					 notice.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.43 - Hearing officer; duties and powers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A hearing in any proceeding may be
					 conducted by one or more Board members or an employee of the Board designated
					 and delegated the authority by the Board as a hearing officer. Any member or
					 employee of the Board designated and delegated the authority to conduct a
					 hearing or investigation shall possess those powers and duties mentioned and
					 described in section
					 65.42,
					 unless otherwise designated by the Board.
(b) At any time, a hearing officer may be
					 designated and delegated the authority by the Board to take the place of a
					 person or persons previously designated to conduct a hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.44 - Form of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Hearings before the Board will be conducted in person or by
					 video-teleconference, as determined by the Board.
(b) A party may request that the hearing be
					 held in a different form than determined by the Board but must do so, in
					 writing, with all parties copied, setting forth the reason(s) a party,
					 representative or witness must appear in person or by
					 video-teleconference.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.45 - Evidence and hearing sequence

Current through Register Vol. 46, No. 28, July 10, 2024
Compliance with technical rules of evidence, including
						hearsay rules, is not required. Traditional rules governing trial sequence do
						apply, but traditional trial sequence may be altered by the hearing officer for
						the convenience of the parties, representatives, or witnesses, or if required
						by the hearing officer for any other reason, so long as there is no substantial
						prejudice to a party.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.46 - Exhibits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All exhibits
					 offered in evidence must be numbered or lettered and marked with a designation
					 identifying the party offering the exhibit. Unless the Board finds it
					 impractical, each party's exhibits must also contain a unique sequential number
					 for each page, file or image.
(b)
					 Unless the Board or hearing officer finds it impractical, a copy of each
					 exhibit must be provided to all other parties and the Board or hearing
					 officer.
(c) In the absence of an
					 objection, exhibits will be admitted into evidence as part of the record unless
					 excluded by the Board or hearing officer.
(d) All exhibits offered, but denied
					 admission into evidence, must be identified and placed by the hearing officer
					 into a separate file designated for rejected exhibits.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.47 - Witnesses; Witness fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Witnesses who appear before the Board shall testify orally under oath or
					 affirmation and are subject to crossexamination by opposing parties and the
					 Board.
(b) A party who subpoenas a
					 witness to testify at a hearing in person must pay the same fees and mileage to
					 the witness as required by the Civil Practice Law and Rules.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.48 - Objections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any objection
					 with respect to the conduct of the hearing, including any objection to the
					 introduction of evidence or a ruling by the hearing officer, may be stated
					 orally or in writing, accompanied by a short statement of the grounds for the
					 objection, and will be included in the record. No objection will be deemed
					 waived by further participation in the hearing.
(b) Whenever evidence is excluded from the
					 record, the party offering such evidence may make an offer of proof, which will
					 be included in the record of the proceeding.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.49 - Exclusion from hearing; striking testimony

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Disobedient or contemptuous conduct
					 before the Board or hearing officer is grounds for exclusion from a
					 hearing.
(b) The refusal of a
					 witness at any hearing to answer a question which has been found by the Board
					 to be proper may, at the discretion of the Board, be grounds for striking all
					 or any part of the testimony previously given by the witness on related matters
					 and drawing inferences from such refusal.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.51 - Failure to appear

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subject to
					 the provisions of subdivisions (c) and (d) of this section, the failure of a
					 party to appear at a hearing is a waiver of all rights except the right to be
					 served with a copy of the decision of the Board and to request Board review
					 pursuant to section 65.60  of these rules.
(b) Request for reinstatement must be made,
					 in the absence of extraordinary or unusual circumstances, within five days
					 after the scheduled hearing.
(c)
					 The Board, upon a showing of good cause, may excuse a party's failure to appear
					 and reopen the hearing.
(d) The
					 Board may require a party to pay reasonable costs incurred by the Board caused
					 by a party's failure to appear as a condition for reopening a
					 hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.52 - Post-hearing briefs and proposed findings of fact; oral argument

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A party may
					 request at any time prior to conclusion of the hearing, or the Board or hearing
					 officer may direct the parties at any time, to submit written summations,
					 briefs, or proposed findings of fact on any issue raised in the proceeding, or
					 for an oral argument on the record, or both.
(b) The Board or hearing officer will fix the
					 schedule for post-hearing submissions after the hearing, or by written notice
					 to the parties upon receipt of the transcript of hearing.
(c) If the Board or hearing officer requires
					 oral argument after submission of the parties' briefs, the Board will notify
					 the parties in writing of the time and place for argument.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.53 - Transcript of hearing; correcting the transcript

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hearings will be transcribed by a
					 stenographer or court reporter, and a copy of the transcript, certified by the
					 stenographer or reporter, will be maintained by the Board in accordance with
					 the Board's records retention policy.
(b) A copy of a transcript may be obtained
					 upon written request made under the Freedom of Information Law pursuant to Part
					 73 of the Board's Rules (12 NYCRR Part 73).
(c) Any party to a proceeding may file
					 proposed corrections to the transcript with the Board, copied to all other
					 parties, within 30 days after their receipt of the transcript. Objections to
					 any proposed corrections may be filed, and copied to all other parties, within
					 10 days after service of the proposed corrections. The Board, within a
					 reasonable time, will rule on any proposed corrections and, if necessary, issue
					 an errata sheet to be attached to the transcript.
(d) The Board, on its own motion, with notice
					 to the parties, may propose corrections and issue an errata sheet to be
					 attached to the transcript.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.54 - Settlement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Settlement is
					 encouraged at any stage of the proceeding.
(b) Notice of settlement must be filed with
					 the Board in writing prior to hearing or stated on the record at
					 hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.55 - Hearing is open to the public

Current through Register Vol. 46, No. 28, July 10, 2024
Every hearing is open to the public unless otherwise
						ordered by the Board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart E - Hearings › Section 65.56 - Submission without hearing or appearance

Current through Register Vol. 46, No. 28, July 10, 2024
With leave of the Board, any proceeding where sufficient
						facts have been admitted, stipulated, or otherwise included in the record may
						be submitted at any time for decision or other appropriate action upon consent
						of all parties.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart F - Decisions and post decision actions › Section 65.57 - Record of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
The record in any proceeding under this part will be
						prepared by the Board in accordance with Section 302 of the State
						Administrative Procedure Act.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart F - Decisions and post decision actions › Section 65.58 - Decision

Current through Register Vol. 46, No. 28, July 10, 2024
The Board will issue a resolution of decision adopted by
						a majority vote of the Board within a reasonable time after the conclusion of
						any hearing held pursuant to this Part, and serve it on the parties, or if
						represented by a designated representative or attorney, on such representative
						or attorney.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart F - Decisions and post decision actions › Section 65.59 - Finality of decision for purposes of judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
A resolution of decision of the Board is final, subject
						to judicial review as provided by the Labor Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart F - Decisions and post decision actions › Section 65.60 - Reconsideration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application
					 for reconsideration after a determination or decision made by the Board must be
					 filed with the Board in writing, with proof of service, and state the reasons
					 reconsideration should be granted by the Board.
(b) Any objections to an application for
					 reconsideration must be filed, with proof of service, within 10 days after
					 service of the application for reconsideration.
(c) The Board may, at any time, reopen a
					 proceeding or require a hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart G - Miscellaneous provisions › Section 65.61 - Ex parte communications prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Ex parte communication is prohibited with
					 respect to the merits of any case between any party to a proceeding and any
					 employee, officer, or member of the Board.
(b) If any employee, officer, or member of
					 the Board receives an ex parte communication concerning the merits of a case,
					 the employee, officer or member of the Board must promptly disclose the
					 communication and place it on the record of the proceeding, with any party
					 wishing to rebut the ex parte communication given the opportunity to do
					 so.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart G - Miscellaneous provisions › Section 65.62 - Conduct

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Individuals
					 appearing before the Board must comply with the Board's rules, any other
					 applicable rules, and all orders and directions of the Board or the designated
					 hearing officer.
(b) Attorneys and
					 representatives appearing before the Board must be familiar with the Board's
					 rules, and follow all applicable rules of professional conduct.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart G - Miscellaneous provisions › Section 65.63 - Oral argument

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where
					 oral argument is required under these rules before the Board or a hearing
					 officer, the Board will notify the parties in writing of the time and place of
					 argument.
(b) If the Board or
					 hearing officer requires briefs prior to argument, the Board will notify the
					 parties in writing of the dates for filing such briefs.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart G - Miscellaneous provisions › Section 65.64 - Consolidation

Current through Register Vol. 46, No. 28, July 10, 2024
Proceedings may be consolidated where there are common
						questions of law or fact, or both, or in other appropriate circumstances, on
						the application of any party by filing a motion in the same manner as a motion
						addressed to the pleading, or by the Board's own motion.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart G - Miscellaneous provisions › Section 65.65 - Severance

Current through Register Vol. 46, No. 28, July 10, 2024
Upon its own motion, or upon motion of any party, the
						Board may, for good cause, order any proceeding severed with respect to some or
						all issues or parties.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart G - Miscellaneous provisions › Section 65.66 - Joinder of petitioners

Current through Register Vol. 46, No. 28, July 10, 2024
All persons in whom any right to relief arising out of
						any order, determination, rule or regulation is alleged to exist, whether
						jointly or severally, may join in one proceeding as petitioners, where, if such
						persons brought separate petitions, any common question of law or fact would
						arise; provided that, if it appears to the Board that joinder may embarrass,
						delay or prejudice a substantial right or the disposition of the matter, the
						Board may sever the proceeding and order separate hearings or any other order
						as may be expedient.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart G - Miscellaneous provisions › Section 65.67 - Joint hearing of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
The Board may, by resolution, direct that two or more
						proceedings, arising out of the same or similar set of facts, be heard
						together, without consolidation, if no substantial right is
						prejudiced.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart G - Miscellaneous provisions › Section 65.68 - Dismissal

Current through Register Vol. 46, No. 28, July 10, 2024
A proceeding may be dismissed for cause upon motion of a
						party or by the Board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart G - Miscellaneous provisions › Section 65.69 - Expedited proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
					 application of any party showing good cause or on its own motion, the Board may
					 order an expedited proceeding.
(b)
					 When an expedited proceeding is ordered, the Board will promptly notify all
					 parties.
(c) The hearing officer
					 assigned in an expedited proceeding may make necessary rulings and give
					 directions to the parties without reference to time periods prescribed by these
					 rules, may order daily transcripts of the hearings, and will do anything
					 necessary to complete the proceeding in the minimum time consistent with
					 fairness.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart G - Miscellaneous provisions › Section 65.70 - Restrictions on Commissioner of Labor's participation

Current through Register Vol. 46, No. 28, July 10, 2024
In any proceeding noticed pursuant to these rules, the
						Commissioner of Labor shall not participate in or advise with respect to any
						decision of the Board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 67 - Proceeding For Approval Of Certain Corporate Documents › Section 67.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				  of this Part shall apply to the filing, processing, hearing, consideration and
				  determination of an application for approval of corporate documents pursuant to
				  section 104  of the Labor Law. See Part 65 of this
				  Title for general rules of procedure and practice not specified in this
				  Part.
(b) If it is the purpose or
				  one of the purposes of a corporation to form an organization of wage earners
				  for their mutual betterment, protection and advancement; the regulation of
				  hours of labor, working conditions or wages; or the performance, rendition or
				  sale of services as labor consultant, or as an advisor on labor-management
				  relations, arbitrator or negotiator in labor-management disputes; or if the
				  corporate name contains certain words or phrases as set forth in section 404 (j)  of the
				  Not-for-Profit Corporation Law or sections 201 (b) and
				  301 (a)(6)  of the Business
				  Corporation Law: the board's approval is required for the filing with the
				  Department of State of the State of New York of any of the following
				  instruments:
(1) any certificate of
				  incorporation, certificate of change and amendment, restated certificate of
				  incorporation, certificate of consolidation, certificate of dissolution of a
				  domestic not-for-profit (formerly membership) corporation, or a statement and
				  designation of a foreign nonprofit corporation for authority to do business in
				  this State, and amendments thereof;
(2) any certificate of incorporation,
				  certificate of change and amendment, restated certificate of incorporation,
				  certificate of merger or consolidation of a business corporation, or
				  application of a foreign business corporation for authority to do business in
				  this State.
Note:The board's jurisdiction is provided for in:
Note:
1.
				  Not-for-Profit Corporation Law, section 404(j).
Note:
2. Business Corporation Law, sections
				  201(b),
				  301(a)(6).
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 67 - Proceeding For Approval Of Certain Corporate Documents › Section 67.2 - Applications; how and where made

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Every application for approval of a corporate document shall be made by
				  submitting to the board at its Albany office:
(1) a letter requesting approval;
(2) the original or a conformed copy of all
				  of the duly executed documents which are required to be filed in the Office of
				  the Secretary of State of the State of New York;
(3) notification from the Office of the
				  Secretary of State that the proposed name is available, or the letter of a
				  licensed attorney stating that name availability has been verified by a search
				  of the records of the Secretary of State, except if the document refers to an
				  existing New York corporation and does not involve a change of name;
				  and
(4) such other materials and
				  data pertinent to the application.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 67 - Proceeding For Approval Of Certain Corporate Documents › Section 67.3 - Evidence at hearings in support of applications for approval of certificates of incorporation or authority to do business in this state

Current through Register Vol. 46, No. 28, July 10, 2024
Such persons as the board may indicate in its notice of
					 hearing must appear and must be prepared to show, by competent and reliable
					 evidence:
(a) that the purposes set
				  forth in the proposed corporate document are in fact the real aims of the
				  subscribers to the instrument;
(b)
				  a description of the proposed structure and internal management of the
				  corporate entity;
(c) if the
				  proposed corporation is to function as a labor union or if it is likely to
				  affect the activities of existing labor unions, a sufficient description of the
				  labor-management conditions and relations in the industry in which the proposed
				  corporate organization is to operate; its intended scope of activities; its
				  geographical area; and the impact which its operations will or are likely to
				  have on existing labor-management relations in the field in which it seeks to
				  operate;
(d) such other matters, if
				  any, as may tend to establish that the granting of the board's approval is
				  consistent with public policy and the Labor Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 67 - Proceeding For Approval Of Certain Corporate Documents › Section 67.4 - Intervention, objections; how raised; evidence thereon

Current through Register Vol. 46, No. 28, July 10, 2024
Any person or party affected or likely to be affected by an
					 application for approval of a corporate document may appear and be heard in
					 support or in opposition thereto. The board may, in its discretion, direct
					 objections to be filed in writing and adjourn the proceeding to allow all
					 parties a reasonable opportunity to submit evidence thereon.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 68 - Registration And Revocation Proceedings For Union Labels, Brands And Marks › Section 68.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				  of this Part relate to board proceedings pursuant to section 208  of the Labor Law for objections to the
				  registration of union labels, brands and marks, and to revoke such a
				  registration if granted improperly or obtained fraudulently.
(b) See Part 65 of this Title for general
				  rules of procedure and practice not specified in this Part.
(c) Registration proceedings.
(1) Practically every labor organization has
				  adopted a device in the nature of a label or mark to identify the products of
				  its members. Section 208 authorizes the registration of such devices by the
				  Commissioner of Labor.
(2) The
				  rules and forms governing the registration and filing of such labels, brands
				  and marks may be obtained from the Commissioner of Labor's office located in
				  Building 12, State Office Building Campus, Albany, NY 12240, or at 345 Hudson
				  Street, New York, NY 10014. Notice of the filing of such application shall be
				  given by the commissioner to interested persons and unions in such manner as
				  the commissioner shall by rule prescribe.
(3) Within 20 days following such notice by
				  the commissioner, any union or aggrieved person may submit to the commissioner
				  a written objection to the registration of the device. If no objection is
				  submitted, the commissioner may register the device and issue a certificate of
				  registration.
(4) Objections duly
				  filed with the commissioner are promptly referred to the board for a
				  determination on whether the registration should be granted or
				  denied.
(5) The board may deny
				  registration of a device on any of the following grounds:
(i) that the union or association of
				  employees filing the application for registration is not a bona fide
				  union;
(ii) that the union or
				  association of employees filing the application for registration is not the
				  rightful owner thereof;
(iii) that
				  the union or association of employees filing the application for registration
				  has made misrepresentations concerning the device; or
(iv) that the device sought to be registered
				  by the union or association of employees is so similar to a device previously
				  registered by a union or association of employees that it is calculated to
				  deceive.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 68 - Registration And Revocation Proceedings For Union Labels, Brands And Marks › Section 68.2 - How proceeding to be commenced

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
				  objection to registration is filed (see section
				  68.1[c] 
				  of this Part), or if revocation of a registered device is sought, such
				  proceeding is initiated by the filing of a petition with the board. Thereafter,
				  a hearing is held at which interested parties are afforded full opportunity to
				  present any evidence which may be relevant or have a bearing upon the issues
				  raised in the petition.
(b) A
				  proceeding under this Part shall be commenced by filing with the board, at its
				  Albany office, a petition executed in accordance with the provisions of Part 6
				  5 of this Subchapter.