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 68 - Registration And Revocation Proceedings For Union Labels, Brands And Marks › Section 68.3 - Service of petition on interested parties

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the filing of a petition as herein provided, the board
					 shall serve a copy thereof by mail or delivery to the Commissioner of Labor and
					 to the union or association of employees which has filed or submitted for
					 filing or registration the label or device in issue.
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 68.4 - Answer to petition; time for answer; contents of answer; service and filing of answer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  Commissioner of Labor and the union or association of employees which has filed
				  or submitted the device shall, within 30 days after receipt of the petition,
				  file their answers with the board or move with respect to the
				  petition.
(b) The respondents shall
				  each serve personally or by mail one copy of the answer upon petitioner, or the
				  attorney or authorized representative of record, and shall file the original
				  with the board with proof of such service.
(c) Each answer shall be so drawn as to
				  advise the petitioner and the board of the nature of the defense in reasonable
				  detail. It shall contain a specific admission, denial or explanation of each of
				  the material facts alleged in the petition. Such a denial may be upon
				  information and belief or a denial of knowledge or information sufficient to
				  form a belief as to the truth of the allegation. The answer must also contain a
				  statement of any facts upon which the respondent relies for an affirmative
				  defense.
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 68.5 - Reply to answer; time for reply; contents of reply; service of reply

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
				  petitioner desires to dispute any allegations in an answer, other than denials,
				  or reply to any affirmative defense, a reply shall be filed with the board,
				  with proof of service of a copy thereof upon the respondents.
(b) Such reply shall be served and filed
				  within 10 days after service of the answer.
(c) The reply shall contain clear and concise
				  factual allegations and shall contain a specific admission, denial or
				  explanation of each of the material facts alleged in the answer. Such a denial
				  may be upon information and belief, or may be a denial of knowledge or
				  information sufficient to form a belief.
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 68.6 - Amendment of pleadings

Current through Register Vol. 46, No. 28, July 10, 2024
The petition may be amended at any time prior to the
					 service of the answer. After an answer has been served or the time within which
					 to serve an answer has elapsed, a pleading may be amended only by leave of the
					 board. All applications to amend must be accompanied by the proposed amendment
					 and must be made upon not less than 10 days' prior written
					 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 68 - Registration And Revocation Proceedings For Union Labels, Brands And Marks › Section 68.7 - Amendment of pleadings to conform to proof

Current through Register Vol. 46, No. 28, July 10, 2024
A motion to amend a pleading to conform to the proof may be
					 made at any time before the conclusion of the 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 68 - Registration And Revocation Proceedings For Union Labels, Brands And Marks › Section 68.8 - Motion to dismiss petition; when made; grounds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 30 days after receipt of the
				  petition, any respondent may, upon 10 days' written notice of motion, move as
				  of right for an order dismissing the petition where it appears that:
(1) the board lacks jurisdiction in the
				  matter;
(2) the petitioner is not
				  an aggrieved party; or
(3) the
				  petition fails to comply with the provisions of section 208.
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 69 - Appeals Under Defense Emergency Act › Section 69.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				  of this Part relate to the procedure to be followed in appeals from orders
				  issued by the Commissioner of Labor pursuant to article 5 of the New York State
				  Defense Emergency Act.
(b) See Part
				  65 of this Title for general rules of procedure and practice not specified in
				  this Part.
(c) During the 1951
				  legislative session, the Legislature enacted the New York State Defense
				  Emergency Act, which became a law April 12, 1951 and, as amended, is still in
				  force. Article 5 of this act authorizes the Commissioner of Labor in
				  appropriate cases to grant to employers engaged in defense work dispensations
				  from requirements imposed by or pursuant to law which prevent or interfere with
				  maximum possible production, and also to permit operation or employment in such
				  defense work:
(1) on a seven-day
				  basis;
(2) on a multiple-shift
				  basis;
(3) under waiver of section
				  201-a; or
(4) under waiver of such
				  other provisions of law as may regulate or restrict operation, hours,
				  equipment, places or conditions of employment, persons that may be employed, or
				  types of work in which certain persons may engage.
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 69 - Appeals Under Defense Emergency Act › Section 69.2 - How appeal to be commenced; time

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  appeal under section 75 of article 5 of the Defense Emergency Act shall be
				  commenced by filing a written petition with the board at its Albany office on
				  or before the 20th day after the petitioner has received written notice of, and
				  a copy of, the commissioner's determination.
(b) The petition shall be filed by mailing or
				  delivering the original and three conformed copies thereof to the board at its
				  Albany office.
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 69 - Appeals Under Defense Emergency Act › Section 69.3 - Content of petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  petition shall state what dispensation is desired, what action was taken before
				  and by the Commissioner of Labor, and the facts which the appellant claims to
				  justify the dispensation.
(b) No
				  special form is required. The following form is a suggestion:
STATE OF NEW YORK
INDUSTRIAL BOARD OF APPEALS
_____________X
Defense Emergency Act
					 Appeal.......................................................................................................
.......................................................................................................
by
Petition
(
Insert name of
					 Appellant
).......................................................................................................
_____________X
1.
				  Appellant is (a resident of.., residing at) (a New York
				  corporation.......................................................................................................
				  with offices at)
(insert address)
engaged
					 in.......................................................................................................
.......................................................................................................
_______________________________________________
_______________________________________________
(state nature of
					 business).....................................................................................
___________________________________
at
(insert plant
					 address)
......................................................................................
___________________......................................................................................
2. The following dispensation is
				  desired:________________________________________
________________________
________________________
3. Application therefor was made on
(insert date)
.. to the
					 Commissioner............................................................
......................................................................................
________________________
________________________
of Labor, who has taken the following
					 action:________________________
________________________
________________________
4. The facts justifiying the dispensation
				  are:___________________________
________________________
________________________
(
Type name of
					 Appellant
)........................................................
________________________
(
Signature of Appellant or authorized
					 representative
)
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 69 - Appeals Under Defense Emergency Act › Section 69.4 - Construction of petition; no answer required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The petition shall be deemed to ask for
				  such relief as may be just and proper.
(b) All allegations of fact in the petition
				  shall be deemed controverted by the Commissioner of Labor unless expressly
				  admitted. No answer shall be required.
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 69 - Appeals Under Defense Emergency Act › Section 69.5 - Service of petition on commissioner of labor

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the filing of a petition as herein provided, the board
					 shall serve a copy thereof upon the Commissioner of Labor by mail or delivery
					 to the office of the commissioner's general counsel. Upon receipt thereof, the
					 commissioner shall submit to the board at its Albany office all files, papers
					 and records relevant to the subject of the 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 69 - Appeals Under Defense Emergency Act › Section 69.6 - Actions after service of petition

Current through Register Vol. 46, No. 28, July 10, 2024
The petitioner and the Commissioner of Labor may file with
					 the board such further relevant matter in writing as they think proper,
					 provided that the board's proceedings shall not be delayed
					 thereby.
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 69 - Appeals Under Defense Emergency Act › Section 69.7 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Hearings ordered upon such appeals shall be held at such
					 times and places as the board may direct, and upon such notice to the
					 petitioners and the Commissioner of Labor as the board may deem
					 reasonable.
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 69 - Appeals Under Defense Emergency Act › Section 69.9 - Duration of rules

Current through Register Vol. 46, No. 28, July 10, 2024
The duration of rules contained in this Part shall be
					 concurrent with that of the New York State Defense Emergency
					 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 70 - Appeals From Minimum Wage Orders And Regulations Under Sections 657 And 676 Of Labor Law › Section 70.0 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 70 - Appeals From Minimum Wage Orders And Regulations Under Sections 657 And 676 Of Labor Law › Section 70.1 - 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 appeal from minimum wage orders and regulations pursuant to
				  sections 657 and 676.
(b) See Part
				  65 of this Title for general rules of procedure and practice not specified in
				  this Part.
(c) The State Minimum
				  Wage Act (Article 19) empowers the Commissioner of Labor to establish minimum
				  wage orders and regulations for certain occupations in accordance with the
				  procedure prescribed therein. Article 19-A provides that minimum wage standards
				  shall apply to farm workers, who prior to that enactment were excluded from
				  minimum wage regulation. Such orders and regulations are final unless appealed
				  as provided in Sections 657 and 676, respectively. Those sections accord an
				  aggrieved party in interest the right to petition the Board to determine
				  whether such orders or regulations are contrary to law. The jurisdiction of the
				  Board to entertain such a proceeding is primary and exclusive. Its decision is
				  final, subject to a direct appeal to the Appellate Division of the Supreme
				  Court, Third Judicial Department, within sixty days after its decision is
				  issued. The findings of the Commissioner of Labor as to the facts on any appeal
				  from the provisions of a minimum wage order or regulation are conclusive. An
				  appeal to the Board does not stay a minimum wage order or regulation issued
				  under the Minimum Wage Acts unless the appellant provides security or obtains a
				  waiver of security as prescribed in sections 657 or 676, supra. The nature of
				  an appeal from wage orders and regulations differs in material respects from an
				  appeal of a compliance order under Section 677 (see Part 71) and from a review
				  of an order issued under Section 218 or Section 219 (see Part 6 5).
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 70 - Appeals From Minimum Wage Orders And Regulations Under Sections 657 And 676 Of Labor Law › Section 70.2 - How appeal to be commenced; time

Current through Register Vol. 46, No. 28, July 10, 2024
An appeal from a wage order or a regulation shall be made
					 by filing an original and three conformed copies of a petition with the board
					 at its Albany office. The petition must be filed within 45 days after the date
					 of the publication of the notice of the challenged order or regulation. The
					 petition need not be verified.
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 70 - Appeals From Minimum Wage Orders And Regulations Under Sections 657 And 676 Of Labor Law › Section 70.3 - Form and contents of petition

Current through Register Vol. 46, No. 28, July 10, 2024
The petition shall:
(a) contain a caption in the following form:
STATE OF NEW YORK
INDUSTRIAL BOARD OF APPEALS
X..........................................................................................................
In the Matter of the Petition of:
(
insert name of petitioner
)
.........................................................................................................
Petitioner,
:
To review under Section (657 or 676) of the..
					 :.........................................................................................................
Labor Law:
(
state minimum wage order or regulation
..
					 :........................................................................................................
to be reviewed
)
-against-........................................................................................................
The Commissioner of Labor,..
					 :........................................................................................................
.........................................................................................
Respondent.
:
X....................................................................................................
(b) state the address of the
				  petitioner;
(c) identify or set
				  forth the wage order or regulation in issue;
(d) state whether the petitioner is an
				  aggrieved person in interest, as defined in section 657 or 676, and show the
				  nature of the interest and the respects in which the petitioner is
				  aggrieved;
(e) state clearly the
				  grounds on which the wage order or regulation being challenged is contrary to
				  law;
(f) show any other material
				  facts, by affidavit or other reliable and relevant evidence, to support the
				  petitioner's contentions and the relief requested;
(g) specify with particularity the precise
				  relief requested; and
(h) be signed
				  by petitioner, or authorized representative.
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 70 - Appeals From Minimum Wage Orders And Regulations Under Sections 657 And 676 Of Labor Law › Section 70.4 - Service of petition on commissioner of labor for answer

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the filing of a petition as provided in this Part, the
					 board shall serve a copy thereof upon the Commissioner of Labor by transmittal
					 to the office of the commissioner's general counsel.
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 70 - Appeals From Minimum Wage Orders And Regulations Under Sections 657 And 676 Of Labor Law › Section 70.5 - Answer to petition; time for answer; contents of answer; service and filing of answer; filing transcript of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Commissioner of Labor shall, within
				  eight days after receipt of the petition, file with the board an answer to the
				  petition, and a certified transcript of the record as provided by subdivision 2
				  of section 657 or 676, as the case may be.
(b) The answer shall contain a denial or an
				  explanation of the material facts which are deemed relevant to the issues
				  raised by the petitioner.
(c) The
				  Commissioner of Labor shall serve by mail, or by any other method permitted by
				  the Board including but not limited to electronically, one copy of the answer
				  upon each petitioner, or the attorney or authorized representative of record,
				  and shall file the original with the Board with proof of such
				  service.
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 70 - Appeals From Minimum Wage Orders And Regulations Under Sections 657 And 676 Of Labor Law › Section 70.6 - Inspection of record

Current through Register Vol. 46, No. 28, July 10, 2024
The certified transcript of the record filed by the
					 Commissioner of Labor, in relation to the promulgation of a minimum wage order
					 or regulation under review pursuant to section 657 or 676, shall be open for
					 inspection and copying during the board's regular business hours by the parties
					 concerned in such a 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 70 - Appeals From Minimum Wage Orders And Regulations Under Sections 657 And 676 Of Labor Law › Section 70.7 - Oral arguments; briefs

Current through Register Vol. 46, No. 28, July 10, 2024
Oral argument in the matter shall be had at a time and
					 place fixed by the board. Reasonable notice thereof shall be given to the
					 parties and to such other persons as the board may determine. In the discretion
					 of the board, briefs may be submitted in accordance with such terms as it may
					 prescribe.
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 70 - Appeals From Minimum Wage Orders And Regulations Under Sections 657 And 676 Of Labor Law › Section 70.8 - Intervention

Current through Register Vol. 46, No. 28, July 10, 2024
Intervention as a party will not be
					 permitted.
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 70 - Appeals From Minimum Wage Orders And Regulations Under Sections 657 And 676 Of Labor Law › Section 70.9 - Amendment of pleadings to conform to proof

Current through Register Vol. 46, No. 28, July 10, 2024
A motion to amend a pleading to conform to the proof may be
					 made at any time before the conclusion of the 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 70 - Appeals From Minimum Wage Orders And Regulations Under Sections 657 And 676 Of Labor Law › Section 70.10 - Security for stay (subdivisions 3 and 8 of sections 657 and 676)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application
				  for a determination by the board, as to the sufficiency of security to cause an
				  appeal to operate as a stay of the order or regulation, shall be made by filing
				  with the board a separate written and verified petition identifying the appeal
				  and setting forth:
(1) the name and address
				  of the applicant;
(2) the number
				  and employment classification(s) of affected employees;
(3) the pay periods of the affected employees
				  during the stay;
(4) the wage per
				  pay period proposed to be paid to affected employees during the stay;
(5) the wages per pay period that such
				  employees would be entitled to receive under the terms of the order or
				  regulation appealed from;
(6) the
				  underpayments of each affected employee per pay period;
(7) the total proposed
				  underpayment;
(8) the type of
				  security proposed;
(9)
(i) the name and address of the issuing
				  fidelity or surety company and the amount of the proposed bond; or
(ii) the name and address of the bank or
				  trust company in which a proposed escrow account is established, and the
				  amounts and schedule of deposits to be made into the escrow account;
				  and
(10) such other
				  allegations as may be relevant and proper.
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 70 - Appeals From Minimum Wage Orders And Regulations Under Sections 657 And 676 Of Labor Law › Section 70.11 - Waiver of security (subdivisions 7 of sections 657 and 676)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application
				  for waiver of security to cause an appeal to operate as a stay shall be made by
				  filing with the board a separate, written and verified petition identifying the
				  appeal and setting forth:
(1) the name and
				  address of the applicant;
(2) the
				  number and employment classification(s) of the employees affected;
(3) the pay periods of the affected employees
				  during the stay;
(4) the wages per
				  pay period proposed to be paid to the affected employees during the
				  stay;
(5) the wages per pay period
				  that such employees would be entitled to receive under the terms of the order
				  or regulation appealed from;
(6)
				  the total proposed underpayment; and
(7) such facts as may tend to establish that
				  applicant is of such financial responsibility that payment of the proposed
				  underpayment is assured if required. The total of the proposed underpayments
				  may be calculated upon the assumption that the appeal will be decided by the
				  board within 45 days after the expiration of the time for filing 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 70 - Appeals From Minimum Wage Orders And Regulations Under Sections 657 And 676 Of Labor Law › Section 70.12 - Decision of board; time

Current through Register Vol. 46, No. 28, July 10, 2024
Within 45 days after the expiration of the time for the
					 filing of a petition under section 657 or section 676, the board shall make,
					 file, and issue to each affected party, an order confirming, amending or
					 setting aside the order or regulation appealed from.
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 71 - Appeals Under Section 677 Of The Labor Law From Minimum Wage Compliance Orders Relating To Farm Workers › Section 71.0 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 71 - Appeals Under Section 677 Of The Labor Law From Minimum Wage Compliance Orders Relating To Farm Workers › Section 71.1 - 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 appeal from minimum wage compliance orders pursuant to
				  article 19-A.
(b) See Part 65 of
				  this Title for general rules of procedure and practice not specified in this
				  Part.
(c) Article 19-A provides
				  that minimum wage standards shall apply to farm workers. Minimum wage orders
				  and regulations established by the Commissioner of Labor pursuant to articles
				  19 and 19-A of the Labor Law are administered and enforced by the Commissioner
				  of Labor through the Division of Labor standards of the Department of Labor. In
				  order to effectuate those functions, the division is required to make an
				  initial determination respecting the interpretation and application of the
				  provisions of an applicable wage order and regulations. If the division
				  concludes that an employer has failed to conform with a minimum wage order or a
				  regulation, or with a provision of article 19-A, it serves an order directing
				  the employer to comply therewith and, when pertinent, to make payment to the
				  Commissioner of Labor, who will disburse according to law, any underpayment of
				  wages alleged to be due to employees named in a schedule annexed to the
				  compliance order. If a party deems that such an order is incorrect, redress is
				  available by filing a petition under section 677 as prescribed in this
				  Part.
(d) The board's procedure in
				  these matters approximates that of a judicial proceeding. Customarily, a
				  hearing is held at which the Commissioner of Labor, represented by counsel,
				  appears as a defending party. The hearing is de novo (original) in nature. The
				  petitioner and the Commissioner of Labor may submit oral or documentary
				  evidence which is material and relevant to the issues. The board will not take
				  cognizance of any evidence submitted to any unit or division of the Department
				  of Labor prior to the petition, unless it is introduced and accepted in the
				  record of the proceeding or is a matter of which it may properly take official
				  notice.
(e) The commencement of
				  such a proceeding does not stay an order to comply involving an alleged
				  underpayment of wages, unless the employer provides security or obtains a
				  waiver of security as prescribed in section 657 or 676.
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 71 - Appeals Under Section 677 Of The Labor Law From Minimum Wage Compliance Orders Relating To Farm Workers › Section 71.2 - Questions raised; scope of inquiry

Current through Register Vol. 46, No. 28, July 10, 2024
The fundamental questions that may be raised in a
					 proceeding under this Part are whether, in issuing the order to comply, the
					 provisions of the minimum wage act or of the minimum wage order or the
					 regulations under which the order to comply was made were correctly construed
					 and applied to a given state of facts, or whether the computation of the amount
					 of an underpayment is erroneous. Such proceeding shall not be used to challenge
					 the terms of requirements of a minimum wage order or of a
					 regulation.
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 71 - Appeals Under Section 677 Of The Labor Law From Minimum Wage Compliance Orders Relating To Farm Workers › Section 71.3 - How appeal commenced; time

Current through Register Vol. 46, No. 28, July 10, 2024
An appeal from an order to comply with a minimum wage order
					 or regulation shall be made by filing an original and three conformed copies of
					 a petition with the board at its Albany office. The petition must be filed
					 within 60 days after the issuance by the commissioner of the order to comply.
					 The petition need not be verified.
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 71 - Appeals Under Section 677 Of The Labor Law From Minimum Wage Compliance Orders Relating To Farm Workers › Section 71.4 - Form and content of petition

Current through Register Vol. 46, No. 28, July 10, 2024
The petition shall:
(a) contain a caption in the following form:
STATE OF NEW YORK
INDUSTRIAL BOARD OF APPEALS
X.........................................................................................................
- :_______________________________________________
In the Matter of the Petition of..
					 :.........................................................................................................
: (
insert name of
					 petitioner
)....................................................................
.........................................................................................................
Petitioner,
:
To Review under Section 677 of the..
					 :.........................................................................................................
Labor Law an Order to
					 Comply.........................................................................................................
with Minimum Wage Order No. ________..
					 :.........................................................................................................
or Regulation.________..
					 :.........................................................................................................
.........................................................................................................
-against-
:
The Commissioner of Labor,..
					 :.........................................................................................................
.........................................................................................
Respondent.
:
X.......................................................................................
(b) state the address of the
				  petitioner;
(c) attach a complete
				  copy of the compliance order in issue;
(d) state clearly and concisely the grounds
				  on which the order in issue is alleged to be incorrect, improper, unreasonable
				  or invalid;
(e) state any other
				  material or relevant facts;
(f) set
				  forth with particularity the relief requested; and
(g) be signed by the petitioner or his
				  authorized representative.
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 71 - Appeals Under Section 677 Of The Labor Law From Minimum Wage Compliance Orders Relating To Farm Workers › Section 71.5 - Service of petition on commissioner of labor for answer

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the filing of a petition as provided in this Part, the
					 board shall serve a copy thereof upon the Commissioner of Labor by transmittal
					 to the office of the commissioner's general counsel.
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 71 - Appeals Under Section 677 Of The Labor Law From Minimum Wage Compliance Orders Relating To Farm Workers › Section 71.6 - Answer to petition; time for answer; service and filing of answer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  Commissioner of Labor shall, within 30 days after receipt of the petition, file
				  with the board an answer or move with respect to the petition.
(b) The Commissioner of Labor shall serve by
				  mail, or by any other method permitted by the Board including but not limited
				  to electronically, one copy of the answer upon each Petitioner, or the attorney
				  or authorized representative of record, and shall file the original with the
				  Board with proof of such service.
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 71 - Appeals Under Section 677 Of The Labor Law From Minimum Wage Compliance Orders Relating To Farm Workers › Section 71.7 - Contents of answer

Current through Register Vol. 46, No. 28, July 10, 2024
The answer shall:
(a) contain a specific admission, denial or
				  explanation of each of the material facts alleged in the petition;
(b) specify the facts upon which the
				  Commissioner of Labor relied to support the findings of fact and conclusions of
				  law recited in the order;
(c) if an
				  underpayment is alleged, set forth how it was computed; and
(d) contain any other facts which the
				  Commissioner of Labor considers relevant to support the order.
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 71 - Appeals Under Section 677 Of The Labor Law From Minimum Wage Compliance Orders Relating To Farm Workers › Section 71.8 - Amendment of pleadings

Current through Register Vol. 46, No. 28, July 10, 2024
The petition may be amended at any time prior to the
					 service of the answer. After an answer has been served or the time within which
					 to serve an answer has elapsed, a pleading may be amended only by leave of the
					 board. Any application for leave to amend made prior to the hearing shall be
					 made upon at least 10 days' prior written notice and must be accompanied by the
					 proposed amended pleading.
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 71 - Appeals Under Section 677 Of The Labor Law From Minimum Wage Compliance Orders Relating To Farm Workers › Section 71.9 - Amendment of pleadings to conform to proof

Current through Register Vol. 46, No. 28, July 10, 2024
A motion to conform a pleading to the proof may be made at
					 any time before the conclusion of the 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 71 - Appeals Under Section 677 Of The Labor Law From Minimum Wage Compliance Orders Relating To Farm Workers › Section 71.10 - Security for stay; waiver of security

Current through Register Vol. 46, No. 28, July 10, 2024
In an appeal from a compliance order, an application for a
					 determination by the board as to the sufficiency of security to cause the
					 appeal to operate as a stay of the order, or an application for waiver of
					 security to cause the appeal so to operate, shall be made as provided in Part
					 70, sections
					 70.10
					 and
					 70.11 
					 of this Title.
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 72 - Applications For Stay From Notice Of Dangerous Condition ("unsafe Notice") Issued Pursuant To Section 200(2) Of Labor Law › Section 72.0 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 72 - Applications For Stay From Notice Of Dangerous Condition ("unsafe Notice") Issued Pursuant To Section 200(2) Of Labor Law › Section 72.2 - Application; how made

Current through Register Vol. 46, No. 28, July 10, 2024
An application for a stay of an "unsafe notice" shall be
					 made by a verified petition on notice to the Commissioner of Labor as
					 hereinafter set forth. The original and three conformed copies of the petition
					 and of all accompanying papers, with proof of service thereof upon the office
					 of the commissioner's general counsel and the office of the director of the
					 division which issued the said order, shall be filed with the board at its
					 Albany office.
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 72 - Applications For Stay From Notice Of Dangerous Condition ("unsafe Notice") Issued Pursuant To Section 200(2) Of Labor Law › Section 72.3 - Form and content of petition

Current through Register Vol. 46, No. 28, July 10, 2024
The petition shall:
(a) contain a caption in the following form:
STATE OF NEW YORK
INDUSTRIAL BOARD OF APPEALS
X...................................................................................................................
-
					 :...................................................................................................................
In the Matter of the Application of..
					 :...................................................................................................................
: (
insert name of
					 applicant
)...................................................................................................................
For a stay to permit use after issuance of an
...................................................................................................................
Applicant,
:
"unsafe notice" by the Commissioner of Labor..
					 :...................................................................................................................
declaring unsafe and prohibiting the use of
					 (
identify subject in issue
)..
					 :................................................
....................................................................................
-against-
:
The Commissioner of Labor,..
					 :...................................................................................................................
:
Respondent.
:
..X...................................................................................................................
(b) state the address of the
				  applicant;
(c) state the address
				  and location of the machinery, equipment, device or area which is the subject
				  of the notice;
(d) describe the
				  machinery, equipment, device or area prohibited to be used;
(e) describe the manner in which the
				  machinery, equipment, device or area is used or operated;
(f) state whether the persons using the
				  machinery, equipment, device or area have any special training or competence
				  and the extent of their supervision, if any;
(g) annex a complete copy of the notice
				  sought to be stayed, including copies of any other orders, notices and
				  supporting documents issued in connection therewith;
(h) state the facts showing why the notice is
				  erroneous or unreasonable and, where possible, submit affidavits or other
				  reliable, relevant evidence to justify a stay;
(i) set forth the relief requested;
				  and
(j) be signed and verified by
				  applicant or an authorized representative.
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 72 - Applications For Stay From Notice Of Dangerous Condition ("unsafe Notice") Issued Pursuant To Section 200(2) Of Labor Law › Section 72.4 - Answer to petition not required

Current through Register Vol. 46, No. 28, July 10, 2024
All allegations of fact in the petition shall be deemed
					 controverted by the Commissioner of Labor, unless expressly admitted. No answer
					 shall be required.
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 72 - Applications For Stay From Notice Of Dangerous Condition ("unsafe Notice") Issued Pursuant To Section 200(2) Of Labor Law › Section 72.5 - Conduct of proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  board may decide the application on the basis of the papers and other materials
				  submitted in the matter, or it may in its discretion hear argument or hold a
				  hearing for such purposes as it may consider appropriate. If a hearing is to be
				  held or argument had, the board shall fix a time and place therefor and shall
				  notify the parties and any person which it deems might aid it in arriving at a
				  determination.
(b) In the
				  discretion of the board, interested persons may be allowed to
				  intervene.
(c) The board may
				  affirm, revoke or modify the "unsafe notice" under review, or make such
				  determination as it may deem proper. Such determination shall be effective from
				  a date therein specified until further action by the board or decision of the
				  section 101 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 72 - Applications For Stay From Notice Of Dangerous Condition ("unsafe Notice") Issued Pursuant To Section 200(2) Of Labor Law › Section 72.6 to 72.9 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 73 - Public Access To Industrial Board Of Appeals Records › Section 73.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part relate to the procedures to be
					 followed by the Industrial Board of Appeals in compliance with chapters 578-580
					 of the Laws of 1974, entitled "Freedom of Information 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 73 - Public Access To Industrial Board Of Appeals Records › Section 73.2 - Location and hours for public access; designation of records access and fiscal officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Requests for records under the Freedom of Information Law may be made in
				  writing to the Board's principal office located in Albany, New York. The Board
				  shall publish the address of its principal office located in Albany, New York
				  on the Board's website, as well as any email address or other electronic method
				  designated for such requests.
(b)
				  The records access officer shall be counsel to the Industrial Board of Appeals.
				  All requests for records pursuant to this Part received by the board shall be
				  referred to counsel for disposition.
(c) The Industrial Board of Appeals fiscal
				  officer, for purposes of the Freedom of Information Law, shall be counsel to
				  the Industrial Board of Appeals.
(d) Requests for information will be
				  considered and inspections will be permitted between the hours of 10 a.m. and 3
				  p.m. at the board's Albany offices on all days when such offices are open for
				  business.
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 73 - Public Access To Industrial Board Of Appeals Records › Section 73.3 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests
				  for payroll information made by bona fide members of the news media upon a form
				  (AC-375) prescribed by the Comptroller of the State of New York shall be
				  referred to counsel to the board at the board's Albany office.
(b) Requests for all other information should
				  be made in writing.
(c) Persons
				  appearing in person to request access to records will be required to produce
				  photo identification and complete the prescribed forms.
(d) Requests made orally will not be
				  entertained.
(e)
(1) Requests by mail will be processed at the
				  board's Albany offices, either by mail or by intradepartmental
				  routing.
(2) Such requests will be
				  processed if the requester and material sought are sufficiently identified to
				  make compliance practicable. In the absence of such identification, the board
				  may send to the requester a request for more information in order that the
				  request may be filled.
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 73 - Public Access To Industrial Board Of Appeals Records › Section 73.4 - Responses to requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) The records access officer shall respond
				  promptly to a request for records. Except under extraordinary circumstances, a
				  response shall be made no more than five business days after receipt of the
				  request by the records access officer.
(2) If more than five business days are
				  required to respond to a request, the records access officer shall acknowledge
				  receipt of the request within five business days after the request is received.
				  The acknowledgment shall state the reason for delay, and estimate the date when
				  a reply will be made.