reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 1 - Standards for Training, Subsistence and Transportation Allowances Under Article 23-A of the Labor Law › Part 624 - Disqualifications › Section 624.3 - Termination by trainee

Current through Register Vol. 46, No. 28, July 10, 2024
A trainee who completes, or terminates without good
						cause, prior to completion, training in connection with which he received a
						State training, subsistence or transportation allowance, or received any such
						allowance under the Federal Manpower Development and Training Act or any other
						Federal Act, shall not receive a State training, subsistence or transportation
						allowance for one year after such completion or termination. However, this
						limitation may be waived.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 1 - Standards for Training, Subsistence and Transportation Allowances Under Article 23-A of the Labor Law › Part 625 - Hearings And Appeals › Section 625.1 - Hearings and appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Any determination regarding rights to and amounts of
						State training, subsistence, and transportation allowances shall be subject to
						hearings and appeals as provided under title 8 of the Unemployment Insurance
						Law for claims to benefits.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 1 - Standards for Training, Subsistence and Transportation Allowances Under Article 23-A of the Labor Law › Part 626 - General › Section 626.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
If not in conflict with the standards here established,
						the procedures and other implementations which apply to training, subsistence,
						and transportation allowances under the Federal Manpower Development and
						Training Act shall also apply in the administration of such allowances pursuant
						to the provisions of article 23-A of the Labor Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 2 - Displaced Homemakers › Part 630 - Regulation Governing Multipurpose Service Centers For Displaced Homemakers › Section 630.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes procedures and standards for the
						selection and administration of multipurpose service centers for displaced
						homemakers in furtherance of the policy of this State as enunciated in article
						23-B of the Labor Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 2 - Displaced Homemakers › Part 630 - Regulation Governing Multipurpose Service Centers For Displaced Homemakers › Section 630.2 - Selection of center

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A public or
					 nonprofit private organization desirous of entering into a contract with the
					 Labor Department for the operation of a multipurpose center for displaced
					 homemakers shall file its request on a form prescribed by the Industrial
					 Commissioner.
(b) In evaluating
					 applications, the Industrial Commissioner shall consider, among other factors,
					 the quality of the applicant's resources and facilities and its capability of
					 providing the services in accordance with article 23-B of the Labor Law, this
					 Part and the data contained in the application.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 2 - Displaced Homemakers › Part 630 - Regulation Governing Multipurpose Service Centers For Displaced Homemakers › Section 630.3 - Services of center

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 center's program of services as defined in article 23-B of the Labor Law shall
					 be planned and operated in relation to present and future needs of clientele.
					 The services shall be of such quality and so applied that they constitute an
					 effective program which seeks the objectives of independence and economic
					 security for the individual displaced homemaker.
(b) In establishing priorities for its
					 services, the center shall consider the needs, economic status and obstacles to
					 employment of each individual displaced homemaker.
(c) The center may establish a schedule of
					 fees based on ability to pay for various services offered for participants who
					 do not meet the definition of displaced homemakers. The fee schedule shall be
					 subject to the approval of the Industrial Commissioner. Income from fees must
					 be used to defray the costs of this program. Only after the needs of displaced
					 homemakers clientele are satisfied may services be open to others for a
					 fee.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 2 - Displaced Homemakers › Part 630 - Regulation Governing Multipurpose Service Centers For Displaced Homemakers › Section 630.4 - Staffing of center

Current through Register Vol. 46, No. 28, July 10, 2024
The center's supervisory, technical and administrative
						personnel shall have the education, training and experience necessary to
						effectively carry out assigned duties. To the maximum extent feasible, the
						positions shall be filled by displaced homemakers.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 2 - Displaced Homemakers › Part 630 - Regulation Governing Multipurpose Service Centers For Displaced Homemakers › Section 630.5 - Community relations

Current through Register Vol. 46, No. 28, July 10, 2024
The center shall respond to community needs and gain its
						support for the center's goals, services and needs through outreach and
						dialogue with community groups and a consciously structured community public
						relations program designed to sharpen and enhance public understanding of the
						agency's purposes and achievements. The center shall establish an advisory
						board representative of the geographic and socio-economic makeup of the
						community. Such board shall have displaced homemakers as
						members.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 2 - Displaced Homemakers › Part 630 - Regulation Governing Multipurpose Service Centers For Displaced Homemakers › Section 630.6 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The center
					 shall keep complete and accurate records of its activities, including data on
					 the type of services rendered, the number of displaced homemakers assisted and
					 costs involved.
(b) The center
					 shall submit to the Industrial Commissioner bimonthly reports on activities and
					 finances, and a semiannual progress report.
(c) The center shall cooperate in the
					 accumulation, submission and analysis of data which will permit an evaluation
					 of the effectiveness of the services rendered by the center. The evaluation
					 shall relate to factors such as the number of persons served, the quality of
					 the services, the number of job placements and the needs and direction for
					 future programs.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 2 - Displaced Homemakers › Part 630 - Regulation Governing Multipurpose Service Centers For Displaced Homemakers › Section 630.7 - Cancellations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Industrial
					 Commissioner may cancel a contract with a center if the center has:
(1) not complied with article 23-B of the
					 Labor Law or with the provisions of this Part or with the terms of its
					 contract;
(2) violated an
					 applicable Federal or State law; or
(3) failed to maintain a quality program for
					 displaced homemakers.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 2 - Displaced Homemakers › Part 630 - Regulation Governing Multipurpose Service Centers For Displaced Homemakers › Section 630.8 - Target clientele

Current through Register Vol. 46, No. 28, July 10, 2024
The target clientele of the center shall be displaced
						homemakers, as defined in article 23-B of the Labor Law, and who are in their
						middle years, 35-60. However, no person above or below such age group who is a
						displaced homemaker shall be denied the center's services.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IX - Manpower Services Division › Subchapter B - Manpower Training › Article 2 - Displaced Homemakers › Part 630 - Regulation Governing Multipurpose Service Centers For Displaced Homemakers › Section 630.9 - Nondiscrimination

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall on the ground of sex, age, race, color,
						religion, or national origin be excluded from participating in, be denied the
						benefits of, or be subjected to discrimination under, any program or activity
						governed by article 23-B of the Labor Law and this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 700 - Public Access To Records Of The Department Of Labor › Section 700.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records of
				the Department of Labor required to be made available for public inspection and
				copying under the Freedom of Information Law shall be open to public
				access.
(b) The public shall be
				furnished the information and records required by the Freedom of Information
				Law, as well as records otherwise available by law.
(c) This Part provides information concerning
				the availability of records and the procedures to be followed to obtain access
				thereto.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 700 - Public Access To Records Of The Department Of Labor › Section 700.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Commissioner of Labor is responsible
				for insuring compliance with this Part, and designates the following person as
				records access officer:
Counsel
Department of Labor
Building 12, State Campus
Albany, NY 12240
Telephone: (518) 457-4380
(b) The records access officer is responsible
				for coordinating agency response to public requests for access to
				records.
(c) The records access
				officer is responsible for assuring that agency personnel:
(1) maintain an up-to-date subject matter
				list;
(2) assist the requester in
				identifying requested records, if necessary;
(3) upon locating the records, take one of
				the following actions:
(i) make records
				available for inspection; or
(ii)
				deny access to the records in whole or in part and explain in writing the
				reasons therefor;
(4)
				upon request for copies of records:
(i) make
				a copy available upon payment or offer to pay established fees, if any;
				or
(ii) permit the requester to
				copy those records;
(5)
				upon request, certify that a transcript or photocopy is a true copy of a record
				in the files of the Department of Labor; and
(6) upon failure to locate records, certify
				that:
(i) the Department of Labor is not the
				custodian for such records;
(ii)
				the records of which the Department of Labor is a custodian cannot be found
				after diligent search.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 700 - Public Access To Records Of The Department Of Labor › Section 700.3 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				reasonably detailed current list, by subject matter, of all records in the
				possession of the Department of Labor shall be maintained, whether or not
				available for public inspection and copying pursuant to the Freedom of
				Information Law.
(b) The subject
				matter list shall be sufficiently detailed to permit identification of the
				category of the record sought.
(c)
				The subject matter list shall be updated not less than twice per year. The most
				recent update shall appear on the first page of the subject matter
				list.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 700 - Public Access To Records Of The Department Of Labor › Section 700.4 - Unemployment insurance and employment service records

Current through Register Vol. 46, No. 28, July 10, 2024
Section 537  of the Labor Law prohibits disclosure of
				  information acquired from employers and employees in the course of
				  administration of the Unemployment Insurance Law. Such information is for the
				  exclusive use and information of the Commissioner of Labor in the discharge of
				  his duties under the Unemployment Insurance Law, and is not open to public
				  access. Unemployment insurance and employment service records, therefore, are
				  not subject to the provisions of the Freedom of Information Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 700 - Public Access To Records Of The Department Of Labor › Section 700.5 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be made available for public inspection and
				  copying at the office of the Department of Labor where the records are
				  regularly maintained, or at another location more convenient to the requester
				  if, in the discretion of the records access officer, the removal of the records
				  from the location where they are regularly maintained will not jeopardize the
				  preservation and safekeeping of the records.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 700 - Public Access To Records Of The Department Of Labor › Section 700.6 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted and
				  records produced during all hours the offices of the Department of Labor are
				  regularly open for business.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 700 - Public Access To Records Of The Department Of Labor › Section 700.7 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests for records shall be made in
				writing.
(b) The Department of
				Labor shall respond to any request reasonably describing the record or records
				sought within five business days after receipt of the request.
(c) A request shall reasonably describe the
				record or records sought. Whenever possible, the requester should supply
				information regarding dates, titles, file designations or other information
				that may help identify the record or records sought.
(d) If access to the records sought is
				neither provided nor denied within five business days after receipt of a
				request, the Department of Labor shall furnish a written acknowledgment of
				receipt of the request and a statement of the approximate date when the request
				will be granted or denied. If access to records is neither granted nor denied
				within 10 business days after the date of acknowledgment of receipt of a
				request, the request may be construed as a denial of access that may be
				appealed.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 700 - Public Access To Records Of The Department Of Labor › Section 700.8 - Records containing trade secrets

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Any
				person who submits records to the department shall identify the portions
				considered to be trade secrets and request that they be excepted from
				disclosure pursuant to Public Officers Law, section
				87(2)(d).
(2) The request shall be in writing and state
				why the information is considered to be a trade secret excepted from
				disclosure.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 700 - Public Access To Records Of The Department Of Labor › Section 700.9 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
				section shall apply to records or parts of records not alleged to contain trade
				secrets.
(b) The denial of access
				to records shall be in writing, stating the reason therefor and advising the
				requestor of the right of appeal to the Commissioner of Labor, Department of
				Labor, Building 12, State Campus, Albany, NY 12240.
(c) If no response is made to a request for
				records within five business days after its receipt, the request shall be
				deemed to have been denied.
(d) Any
				person denied access to records may appeal within 30 days of a denial. Such
				appeals shall be decided by the Commissioner of Labor or his
				designee.
(e) The time for an
				appeal shall commence upon receipt of written appeal enclosing copies of the
				written request for the record or records and the denial of access thereto, if
				in writing, and providing the following information to the extent not indicated
				in the request for the records:
(1) the date
				of the appeal;
(2) the date of the
				request and the record or records that were denied; and
(3) the name and return address of the
				appellant.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 700 - Public Access To Records Of The Department Of Labor › Section 700.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Except when a different fee is otherwise prescribed by
				  law:
(a) There shall be no fee charged
				for the following:
(1) inspection of
				records;
(2) search for records;
				or
(3) any certification pursuant
				to this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 700 - Public Access To Records Of The Department Of Labor › Section 700.11 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice setting forth the title, name, business address and
				  business telephone number of the records access officer, and the right of any
				  person denied access to a record to appeal such denial to the Commissioner of
				  Labor at Building 12, State Campus, Albany, NY 12240, shall be posted at
				  conspicuous locations in Department of Labor offices.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 700 - Public Access To Records Of The Department Of Labor › Section 700.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 701 - Procedural Rules For Hearings › Section 701.1 - Scope and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes procedures for adjudicatory proceedings
				  held by the Commissioner of Labor in those situations where no specific rule or
				  regulation is applicable to the subject matter of the hearing. This Part shall
				  not apply to orders, determinations or rulings within the jurisdiction of the
				  Industrial Board of Appeals, the Unemployment Insurance Appeal Board or any
				  other board within the Department of Labor.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 701 - Procedural Rules For Hearings › Section 701.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part:
(a) Commissioner means the Commissioner of
				Labor of the State of New York.
(b)
				Hearing officer means the person authorized or designated by the commissioner
				to conduct a hearing.
(c)
				Department means the Department of Labor of the State of New York.
(d) Ruling means a determination or order
				issued by the commissioner in a particular case or group of cases.
(e) Adjudicatory proceeding means a
				proceeding before the Department in which a determination of legal rights,
				duties or privileges of named parties thereto is required by law to be made
				only on a record and after an opportunity for a formal adversarial
				hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 701 - Procedural Rules For Hearings › Section 701.3 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
All adjudicatory proceeding shall be conducted by a hearing
				  officer who shall have the power and authority of hearing officers as set forth
				  in the State Administrative Procedure Act, Labor Law and any other pertinent
				  statutes and regulations.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 701 - Procedural Rules For Hearings › Section 701.4 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Adjudicatory proceedings shall be commenced by the issuance
				  of a notice of hearing which describes the violations with which the respondent
				  is charged.
(a) The notice shall
				include:
(1) the date time place and purpose
				of the hearing;
(2) a statement of
				the legal authority and jurisdiction pursuant to which the hearing is being
				held;
(3) where possible, a
				reference to the specific sections of the statute, rules, regulations and/or
				standards involved;
(4) a statement
				of the charges, including matters raised and the issue(s) to be determined,
				provided, however, that nothing shall preclude the consideration at the hearing
				of relevant issues not raised in the notice, in a manner consistent with
				Respondent's right to respond to such issues;
(5) the identity of the individual designated
				to conduct the hearing;
(6) the
				procedure to apply for an adjournment.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 701 - Procedural Rules For Hearings › Section 701.5 - Answer and notice of appearance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivision (4) of
				this section, the respondent named in the notice shall file an answer in
				writing at least fourteen days prior to the date of the hearing.
(b) The answer shall include:
(1) the party's address, telephone number
				and, if made by an attorney, the name, firm name, if applicable, address and
				telephone number of said attorney;
(2) a separate and specific response to each
				and every particular set forth in the notice or a denial of any knowledge or
				information thereof sufficient to form a belief as to such
				particular;
(3) any matter
				constituting an affirmative defense, including lack of jurisdiction.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 701 - Procedural Rules For Hearings › Section 701.6 - Discovery

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Discovery as
				hereinafter described shall be permitted to an employer in any proceeding
				covered by this regulation, with the exclusion of hearings conducted pursuant
				to Labor Law Section 27-a, which are covered by 12 NYCRR 803.
(1) The documents to be discovered shall be
				limited to those which, as of the date of the discovery request, the department
				has in its possession and intends to introduce in the course of the
				proceeding.
(2) There shall be no
				depositions taken of potential witnesses prior to the hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 701 - Procedural Rules For Hearings › Section 701.7 - Motions

Current through Register Vol. 46, No. 28, July 10, 2024
The only motion permitted in the course of the hearing shall
				  be a motion to dismiss which shall be preserved on the record, if made, for the
				  consideration of the Commissioner of Labor in issuing an order and
				  determination following the hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 701 - Procedural Rules For Hearings › Section 701.8 - Recusal of hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The party requesting recusal of the individual designated to conduct the
				hearing must submit a written request to the Commissioner of Labor, with a copy
				to be sent to the individual representing the Department of Labor in the
				proceeding, at the address set forth in the notice of hearing.
(b) The request for recusal must be made
				within fifteen days after the receipt of the notice of hearing, or ten days
				prior to the date of the hearing, whichever is earlier.
(c) The request shall include the specific
				basis for the application for recusal and a statement setting forth why recusal
				would be proper under the circumstances.
(d) The Commissioner shall respond in writing
				to any request for recusal within five working days of receipt of the request.
				Where recusal is denied, the Commissioner shall set forth the reasons for such
				denial.
(e) Grounds for recusal
				shall be limited to an actual conflict of interest or an appearance of
				impropriety which is of such seriousness that it would prevent fair and
				impartial adjudication of the issues.
(f) A hearing officer may recuse himself on
				his own motion at any time in the course of the hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 701 - Procedural Rules For Hearings › Section 701.9 - Conduct of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The hearing
				officer shall regulate the course of the hearing, set the time and place for
				continued hearings and fix the time for the filing of briefs and other
				documents.
(b) The hearing officer
				shall not be bound by technical rules of evidence or procedure. The hearing
				officer shall conduct the hearing in such order and manner as he or she deems
				appropriate to ascertain the substantial rights of the parties. All parties
				shall be accorded full opportunity to present evidence and written and oral
				argument, provided, however, that the hearing officer may exclude irrelevant or
				unduly repetitious evidence or cross-examination from any proceeding.
(c) All testimony shall be under oath or by
				affirmation, and a record of the proceeding shall be made.
(d) Any party may appear in person or be
				represented by an attorney. The hearing officer may examine the parties and
				their witnesses. Any party shall have the right to call witnesses and examine
				and cross-examine other parties and their witnesses.
(e) The hearing officer may in his discretion
				issue subpoenas in the name of the department, at the request of any party,
				requiring attendance and giving of testimony by witnesses and the production of
				books, papers, documents and other evidence. Any required fees shall be paid by
				the party requesting the subpoena. Nothing herein shall limit the authority of
				an attorney for a party to issue subpoenas pursuant to the Civil Practice Law
				and Rules of New York State.
(f)
				The hearing officer may direct the parties to appear and confer to consider the
				simplification or settlement of the issues by consent of the parties.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 701 - Procedural Rules For Hearings › Section 701.10 - Adjournment of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A hearing
				officer may adjourn a proceeding upon a showing of good cause and upon a
				request made to the hearing officer at least fourteen days prior to the
				scheduled date of the hearing. In such event, the hearing officer shall explain
				to the parties the reason for such adjournment. No case shall be delayed
				unreasonably.
(b) Such request
				shall be in writing and set forth the reasons therefor, and the position of the
				other party or parties and offer alternative hearing dates.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 701 - Procedural Rules For Hearings › Section 701.11 - Transfer of case

Current through Register Vol. 46, No. 28, July 10, 2024
In the absence, disability or disqualification of a hearing
				  officer or for other good cause, a case assigned to a hearing officer may be
				  transferred to another hearing officer by the Commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 701 - Procedural Rules For Hearings › Section 701.12 - Decision, report and recommendation

Current through Register Vol. 46, No. 28, July 10, 2024
The hearing officer shall render a decision or report and
				  recommendation, in writing, which shall contain a statement of the issues, the
				  findings of fact, the conclusions of law and the reasons therefor. If a report
				  and recommendation is rendered, the commissioner shall adopt, reject or modify
				  the hearing officer's recommendation and a final order and decision shall
				  thereupon be entered and filed with the Secretary to the department, unless the
				  commissioner directs that further proceedings be held. If the commissioner
				  issues a decision that includes findings of fact and conclusions of law which
				  conflict with the findings and conclusions recommended by the hearing officer,
				  the commissioner shall set forth in writing the reasons
				  therefor.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 701 - Procedural Rules For Hearings › Section 701.13 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
Appeals from decisions shall be pursuant to CPLR Article 78
				  unless a different statutory provision governs appeal in the particular
				  instance, or unless review may be had under Article 3 of the Labor
				  Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 702 - Declaratory Rulings › Section 702.1 - Availability

Current through Register Vol. 46, No. 28, July 10, 2024
On petition of any person or entity, the department may issue
				  a declaratory ruling with respect to the applicability to any person, property
				  or state of facts of any rule or statute enforceable by the department.
				  Informal advisory opinions will continue to be available and should be
				  considered as an expedient and often adequate alternative to a declaratory
				  ruling.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 702 - Declaratory Rulings › Section 702.2 - Form of petitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Petitions for declaratory rulings shall be in writing, signed by the petitioner
				or its attorney and addressed by certified mail, return receipt requested, to
				the Counsel, Department of Labor, Building 12, State Campus, Albany, NY
				12240.
(b) Petitions shall set
				forth the following:
(1) a statement that a
				declaratory ruling is requested;
(2) the name and address of the
				petitioner;
(3) a full description
				of the facts and circumstances with respect to which a ruling is sought,
				including a complete description of any more extensive transactions and/or fact
				situations of which they may be a part;
(4) citations to all the relevant statutory
				authority and regulatory provisions, whose applicability the petitioner is
				seeking to have determined; and
(5)
				a full disclosure of the petitioner's interest.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 702 - Declaratory Rulings › Section 702.3 - Disposition

Current through Register Vol. 46, No. 28, July 10, 2024
Declaratory rulings will be issued only in the discretion of
				  the department. Within 30 days of receipt of the petition in proper form, the
				  petition will be granted and a ruling issued or it will be deemed to have been
				  denied.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 702 - Declaratory Rulings › Section 702.4 - Binding effect

Current through Register Vol. 46, No. 28, July 10, 2024
Declaratory rulings, issued in response to a petition
				  complying with the terms of this Part, shall be binding upon the department
				  unless altered or set aside by a court or prospectively changed by the
				  department. No opinion, letter or advice shall be deemed a declaratory ruling
				  unless it contains a statement that it is a declaratory ruling and is issued by
				  the counsel.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 702 - Declaratory Rulings › Section 702.6 - Review

Current through Register Vol. 46, No. 28, July 10, 2024
Declaratory rulings shall be subject to court review as
				  provided for in article 78 of the Civil Practice Law and
				  Rules.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 703 - Personal Privacy Protection › Section 703.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department shall maintain in its records only such personal information that is
				relevant and necessary to fulfill a responsibility of the department required
				by statute or executive order, or to implement authorized programs.
(b) Whenever practicable, the department will
				collect personal information directly from the person to whom the information
				pertains.
(c) The department seeks
				to ensure that all records pertaining to or used with respect to individuals
				are accurate, relevant, timely and complete.
(d) This Part provides information regarding
				the procedures by which members of the public may assert rights granted by the
				Personal Privacy Protection Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 703 - Personal Privacy Protection › Section 703.2 - Designation and responsibilities of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The counsel is
				designated privacy compliance officer and is responsible for ensuring that the
				department complies fully with the provisions of article 6-A of the Public
				Officers Law, the Personal Privacy Protection Law, and this Part.
(b) The address and telephone number of the
				privacy compliance officer is: Counsel Department of Labor, Building 12, State
				Campus, Albany, NY 12240, (518) 457-4380.
(c) The privacy compliance officer may
				designate department employees to act in his place and stead in assisting data
				subjects.
(d) The privacy
				compliance officer is responsible for:
(1)
				assisting a data subject in identifying and requesting personal information, if
				necessary;
(2) describing the
				contents of systems of records to enable a data subject to learn if a system of
				records includes a record or personal information identifiable to a data
				subject requesting such record or personal information.
(3) making a record available for inspection
				in a form comprehensible to the data subject and permitting the data subject to
				copy the record or deny access to the record in whole or in part and explain in
				writing the reasons therefor; and
(4) upon request, certifying that a copy of a
				record is a true copy, that the department does not have possession of the
				records sought, that the department cannot locate the record sought after
				having made a diligent search or that the information sought cannot be
				retrieved by use of the description thereof, or by use of the name or other
				identifier of the data subject without extraordinary search methods being
				employed by the department.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 703 - Personal Privacy Protection › Section 703.4 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
				request is made in person, or when records are made available in person
				following a request made by mail, the department may require appropriate
				identification, such as a driver's license, an identifier assigned to the data
				subject by the department, a photograph or similar information that confirms
				that the record sought pertains to the data subject.
(b) When a request is made by mail, the
				department may require verification of a signature or inclusion of an
				identifier generally known only by a data subject, or similar appropriate
				identification.
(c) Proof of
				identity shall not be required regarding a request for a record accessible to
				the public pursuant to article 6 of the Public Officers Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 703 - Personal Privacy Protection › Section 703.5 - Location and hours

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records
				shall be made available at the main office of the department, which is located
				at:
Building 12, State Campus
Albany, NY 12240
(b) Whenever practicable, records shall be
				made available at a regional department office most convenient to a data
				subject. Department regional offices are located throughout the State in
				Albany, Buffalo, Binghamton, Syracuse, Rochester, White Plains, New York City,
				Utica and Hempstead.
(c) Hours for
				public inspection and copying. The department shall accept requests for records
				and produce records during regular hours, which are from 9 a.m. to 5
				p.m.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 703 - Personal Privacy Protection › Section 703.6 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				requests shall be made in writing, except that the department may make records
				available upon an oral request made in person after the applicant has
				demonstrated proof of identity.
(b)
				A request shall reasonably describe the records sought. Whenever possible, the
				data subject should supply identifying information that assists the department
				in locating the record sought.
(c)
				Within five business days of the receipt of the request, the department shall
				provide access to the record, deny access in writing explaining the reasons
				therefor, or acknowledge the receipt of the request in writing, stating the
				approximate date when the request will be granted or denied, which date shall
				not exceed 30 days from the date of the acknowledgment.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 703 - Personal Privacy Protection › Section 703.7 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 30
				business days of a request from a data subject for correction or amendment of a
				record or personal information that is reasonably described and that pertains
				to the data subject, the department shall:
(1) make the amendment or correction in whole
				or in part and inform the data subject that, on request, such correction or
				amendment will be provided to any person or governmental unit to which the
				record or personal information has been or is disclosed; or
(2) inform the data subject in writing of the
				denial of the request to correct or amend the record, including the reasons
				therefor and the name of the person to whom an appeal may be
				directed.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 703 - Personal Privacy Protection › Section 703.8 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				denied access to a record or denied a request to amend or correct a record or
				personal information may, within 30 business days of such appeal, appeal in
				writing to the Commissioner of Labor, Building 12, State Campus, Albany, NY
				12240. The appeal shall contain a copy of the ruling appealed from.
(b) Within seven business days of an appeal
				of a denial of access, or within 30 business days of an appeal concerning a
				denial of a request for correction or amendment, the Commissioner of Labor
				shall:
(1) provide access to or correct or
				amend the record or personal information; or
(2) explain in writing the reasons for denial
				and inform the data subject of the right to seek judicial review of such
				determination.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 703 - Personal Privacy Protection › Section 703.9 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
				personal information is denied in whole or in part upon appeal, the
				determination shall inform the data subject of the right to file with the
				department a statement of reasonable length setting forth the data subject's
				reasons for disagreement with the determination and to request that such
				statement be provided to any person or governmental unit to which the record
				has been or is disclosed.
(b) Upon
				receipt of a statement of disagreement by a data subject, the department shall
				note any portions of the record that are disputed and attach the data subject's
				statement as part of the record.
(c) When providing a data subject's statement
				of disagreement to a person or governmental unit in conjunction with a
				disclosure, the department may also include a concise statement of its reasons
				for not making the requested amendment or correction.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 703 - Personal Privacy Protection › Section 703.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise prescribed by statute, there shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter X - General Rules › Part 703 - Personal Privacy Protection › Section 703.11 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstances is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 800 - Public Employees' Occupational Safety And Health Standards › Section 800.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part promulgates occupational safety and health
					 standards for the protection of the lives, safety and health of public
					 employees in compliance with the mandates of Labor Law, section
					 27-a.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 800 - Public Employees' Occupational Safety And Health Standards › Section 800.2 - Statutory provisions

Current through Register Vol. 46, No. 28, July 10, 2024
Labor Law, section
					 27-a, subdivision 4a, requires the
					 Commissioner of Labor by rule and regulation to adopt, for the protection of
					 the safety and health of public employees, all safety and health standards
					 promulgated under the United States Occupational Safety and Health Act of 1970
					 ( Public Law 91-596) in effect on December 27, 1980, and to promulgate and
					 repeal such rules and regulations as may be necessary to conform to the
					 standards established pursuant to that Federal enactment.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter XI - Division Of Safety And Health › Subchapter A - Public Employees' Safety And Health › Part 800 - Public Employees' Occupational Safety And Health Standards › Section 800.3 - Adoption of standards

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of Labor adopts, as the occupational
					 safety and health standards for the protection of the safety and health of
					 public employees, all of the standards in the below-listed parts of title 29 of
					 the Code of Federal Regulations:
Part 1910-General Industry Standards; July 1, 2021 edition,
					 with the exception of section
					 1910.1000 -Air Contaminants, which
					 is addressed by section
					 800.5  of this Part, and the
					 exception of subpart U.
Part 1915-Shipyard Employment Standards; July 1, 2021
					 edition
Part 1917-Marine Terminals Standards; July 1, 2021
					 edition
Part 1918-Longshoring Standards; July 1, 2021
					 edition
Part 1926-Construction Standards; July 1, 2021
					 edition
Part 1928-Agricultural Standards; July 1, 2021
					 edition