reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-3 - Special Provisions For Crane Operators › Section 61-3.5 - Certification procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The general provisions set forth at section
						61-1.5 
						of this Part shall apply under this Subpart except as follows:
(a) Investigations. For certification under
					 this Subpart, each of the items set forth at section
					 61-1.5(a)(3) 
					 of this Part will be part of the commissioner's investigation of
					 applicants.
(b) Examination.
(1) Written examination. Each applicant for a
					 certificate of competence will, and each applicant for a renewal thereof may,
					 be required by the commissioner to take an appropriate written
					 examination.
(2) Practical
					 examination. An applicant who passes the written examination will also be
					 required to take a practical examination in crane operation, except that the
					 commissioner may waive this requirement with respect to an applicant for a
					 renewal of a certificate of competence.
(i)
					 Conduct of practical examination. The commissioner shall designate one member
					 of the examining board to conduct the practical examination for Class F line
					 trucks. For all other practical examinations (for Classes A, B, C, D, and E),
					 the commissioner shall designate a minimum of three members of the examining
					 board to administer the practical examination, of which two members must be
					 present at the practical examination and score the applicant and the other
					 member(s) may review the video of the practical examination and score the
					 applicant. When a practical examination is conducted by a single member of the
					 examining board, the applicant must achieve a passing score from the member to
					 receive a certificate of competence. When the practical examination is
					 administered by three or more members of the examining board, the applicant
					 must achieve a passing score, which shall be calculated as an average of all
					 scores received from the three or more members that administered the practical
					 examination. The procedures used regarding the conduct of the practical
					 examination, the establishment of the passing score and the assignment of the
					 board members to conduct individual examinations shall be set forth in a
					 guidance document approved by the examining board, which shall be made
					 publically available.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-3 - Special Provisions For Crane Operators › Section 61-3.6 - Crane operators examining board

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may appoint an examining board which
						shall consist of at least three members, at least one of whom shall be a crane
						operator who holds a valid certificate of competence issued by the
						commissioner, and at least one of whom shall be a representative of crane
						owners. The members of the examining board shall serve at the pleasure of the
						commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-3 - Special Provisions For Crane Operators › Section 61-3.7 - Reporting and recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
The reporting requirements of section
						61-1.7 
						of this Part shall apply under this Subpart and shall include the name of the
						owner of the crane.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-4 - Special Provisions For Blasters › Section 61-4.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Subpart
					 applies to every individual who acts as a blaster on a blasting operation, as
					 those terms are defined below.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-4 - Special Provisions For Blasters › Section 61-4.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Authorized
					 blasting assistant. An individual who has been authorized by the certified
					 blaster-in-charge to work on a blasting operation after such blaster-in-charge
					 has confirmed that the individual is either a certified blaster, or otherwise
					 meets the following qualifications:
(1) is at
					 least 18 years old;
(2) has been
					 properly trained in the performance of the tasks to be assigned; and
(3) has been made aware of and understands
					 the blasting hazards and risks.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-4 - Special Provisions For Blasters › Section 61-4.3 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Classifications
					 of certificates of competence. There shall be six classifications of
					 certificates of competence issued to blasters, as follows:
(1) Class A (above\below ground). The holder
					 of a Class A certificate of competence may act as a blaster-in-charge
					 conducting and taking charge of any blasting operation except for those types
					 of work performed by a Class D, Class E and Class F certificate holder.
					 Individuals wishing to be certified as Class A and Class D or Class E or Class
					 F must apply separately for each certification.
(2) Class B (aboveground). The holder of a
					 Class B certificate of competence may act as a blaster-in-charge conducting and
					 taking charge of any aboveground blasting operation except for those types of
					 work performed by a Class D, Class E and Class F certificate holder.
					 Individuals wishing to be certified as Class B and Class D or Class E or Class
					 F must apply separately for each certification.
(3) Class C (belowground). The holder of a
					 Class C certificate of competence may act as a blaster-in-charge conducting and
					 taking charge of any underground blasting operation except for those types of
					 work performed by a Class D, Class E and Class F certificate holder.
					 Individuals wishing to be certified as Class C and Class D or Class E or Class
					 F must apply separately for each certification.
(4) Class D (demolition). The holder of a
					 Class D certificate of competence is restricted to acting as a
					 blaster-in-charge conducting and taking charge of blasting operations
					 associated with the demolition of buildings or other structures.
(5) Class E (seismic). The holder of a Class
					 E certificate of competence is restricted to acting as a blaster-in-charge
					 conducting and taking charge of blasting operations associated with seismic
					 prospecting.
(6) Class F (special
					 uses). The holder of a Class F certificate of competence is restricted to
					 acting as a blaster-in-charge conducting and taking charge of blasting
					 operations associated with special uses where the total weight of explosive
					 material detonated does not exceed 50 pounds. Special uses include, but are not
					 limited to, boiler cleaning, testing, bonding metals and cable
					 splicing.
(7) Other blasting
					 operations. Blaster certification for any blasting for any purpose not
					 specifically defined in this Subpart shall be requested in writing defining
					 purpose for which the explosives will be used.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-4 - Special Provisions For Blasters › Section 61-4.4 - Qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
The general provisions set forth at section
						61-1.4 
						of this Part shall apply under this Subpart except as follows:
(a) Age. The minimum age of each applicant
					 for a certificate of competence shall be 21 years of age.
(b) Experience. The minimum necessary
					 experience for each applicant shall be three years practical experience in the
					 handling and use of explosives. Such experience shall include knowledge of
					 explosive safety precautions, three years of actual experience as a blaster
					 outside of New York State or authorized blasting assistant on the types of
					 blasting operations that are covered by the particular classification being
					 sought and successful completion of at least two training courses recognized by
					 the blaster's examining board totaling 16 hours.
(c) Renewals. Applicants for renewal shall
					 have successfully completed during the certification period at least two
					 blasting-related training courses that have been recognized by the blaster's
					 examining board totaling 16 hours.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-4 - Special Provisions For Blasters › Section 61-4.5 - Certification procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The general provisions set forth at section
						61-1.5 
						of this Part shall apply under this Subpart except as follows:
(a) Investigations. For certification under
					 this Subpart, each of the items set forth at section
					 61-1.5(a)(3) 
					 of this Part may be part of the commissioner's investigation of
					 applicants.
(b) Examination.
(1) Written examination. Each applicant for a
					 certificate of competence shall, and each applicant for a renewal of such
					 certificate may, be required by the commissioner to take an appropriate written
					 examination.
(2) Practical
					 examination. An applicant who passes the written examination may also be
					 required to take a practical examination in the use of explosives.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-4 - Special Provisions For Blasters › Section 61-4.6 - Blaster's examining board

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall appoint an examining board, which
						shall consist of at least three members. In addition to the requirements of
						section
						61-1.6 
						of this Part, at least one member of such board shall be a certified blaster
						and at least one other member of such board shall be a representative of
						explosive manufacturers.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-4 - Special Provisions For Blasters › Section 61-4.7 - Reporting and recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Recordkeeping. The blaster-in-charge shall complete a shot report within 24
					 hours of the blast. The report shall be available for review by the
					 commissioner and be maintained for at least five years after the blast. The
					 report may be maintained in an electronic format. At a minimum the report shall
					 contain the following information:
(1) the
					 name of the blasting company or contractor;
(2) name of the company or person for whom
					 the blast was performed;
(3)
					 physical location of where that blast took place;
(4) name and certificate number of the
					 blaster-in-charge;
(5) type of
					 material blasted;
(6) maximum
					 amount of explosives per delay period of eight milliseconds or
					 greater;
(7) exact number and type
					 of detonators used;
(8) quantity
					 and type of explosives used;
(i) exact number
					 and type of packaged products used; and
(ii) quantity of bulk explosive used in
					 pounds;
(9) method of
					 firing and type of circuit;
(10)
					 the delay timings used;
(11)
					 direction and distance in feet to the nearest structure not owned or leased by
					 the person for whom the blasting is being performed;
(12) local time of the blast accurate to the
					 minute;
(13) weather conditions at
					 the time of the firing of the blast;
(14) where seismographs are used:
(i) readings of ground vibrations to include
					 three component readings with frequency;
(ii) frequency readings of air
					 blast;
(iii) location of the
					 seismograph;
(iv) distance from the
					 blast;
(v) name and signature of
					 the person monitoring the seismograph;
(15) for blasts using drilled holes:
(i) the burden and spacing of
					 holes;
(ii) the number and diameter
					 of holes;
(iii) the height or
					 length of stemming;
(iv) the
					 drilling logs;
(v) description of
					 the shot pattern, including number of holes per delay period of eight seconds
					 or greater;
(16) a list
					 of names of all individuals present at the blast site during the loading
					 operation including visitors; and
(17) notation of any unusual or suspicious
					 activity.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-4 - Special Provisions For Blasters › Section 61-4.8 - Standards of conduct for blasting operations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Handling, placing and detonating
					 explosives.
(1) All blasting operations shall
					 be performed under the supervision of a blaster-in-charge.
(2) No individuals other than the
					 blaster-in-charge, certified blasters and other authorized blasting assistants
					 shall be allowed in the blasting site after the loading of explosives has begun
					 until such time as the all clear is given by the blaster-in-charge after the
					 detonation.
(3) The work of
					 handling and placing explosives in preparation for a blast shall be performed
					 only by:
(i) the blaster-in-charge;
					 or
(ii) a certified blaster acting
					 within the scope of the classification for which they are certified;
					 or
(iii) authorized blasting
					 assistants under the direct supervision of the certified blaster or the
					 blaster-in-charge.
(4)
					 The detonation of explosives shall be under the control of the
					 blaster-in-charge. The detonation of explosives may be performed by a
					 designated authorized blasting assistant under the direction of the
					 blaster-in-charge.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-5 - Special Provisions For Mobile Laser Operators › Section 61-5.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to every individual who operates a
						mobile laser, except for mobile lasers that:
(a) are subject to the regulatory powers and
					 jurisdiction of the New York State Department of Health or the New York City
					 Department of Health;
(b) are used
					 in the healing of humans when done by or under the supervision of an individual
					 licensed to practice medicine in the State of New York;
(c) are used in the healing of animals when
					 done by or under the supervision of an individual licensed to practice
					 veterinary medicine in the State of New York;
(d) are used exclusively in research and
					 development;
(e) are used by
					 professional engineers and land surveyors licensed to practice in the State of
					 New York; or
(f) by reason of their
					 design and construction cannot emit radiation that exceeds 1 X 10-7 joules/cm2
					 or 1 X 10-5 watts /cm2 when measured 10 centimeters from the exterior surfaces
					 of such mobile lasers.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-5 - Special Provisions For Mobile Laser Operators › Section 61-5.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certified
					 mobile laser operator. Any individual holding a valid certificate of competence
					 issued by the commissioner in accordance with the provisions of this
					 Subpart.
(b) Laser. An acronym for
					 light amplification by stimulated emission of radiation.
(c) Laser installation. Any location where,
					 for a period of more than 30 days, one or more lasers are used or operated. The
					 confines of a laser installation shall be designated by the owner of such
					 installation. An entire building or other structure, a part thereof or a plant
					 may be designated as a laser installation. For the purposes of this Subpart, a
					 construction site shall not be considered a laser installation.
(d) Mobile laser. A laser which is used or
					 operated outside a laser installation.
(e) Owner. Any person conducting the business
					 or activities carried on within a laser installation or with a mobile laser and
					 having by law the administrative control of a laser, whether as owner, lessee,
					 contractor or otherwise.
(f)
					 Research and development:
(1) theoretical
					 analysis, exploration or experimentation; or
(2) the extension of investigative findings
					 and theories of a scientific or technical nature into practical application for
					 experimental, demonstrative and specialized purposes including the experimental
					 or limited production and testing of models, devices, equipment, materials and
					 processes involving the use of lasers.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-5 - Special Provisions For Mobile Laser Operators › Section 61-5.3 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Classifications
					 of certificates of competence. There shall be two classifications of
					 certificates of competence issued to operators of mobile lasers, as follows:
(1) Class A (restricted). The holder of a
					 Class A certificate of competence may operate any low-intensity mobile
					 laser.
(2) Class B (unrestricted).
					 The holder of a Class B certificate of competence may operate any
					 high-intensity or low-intensity mobile laser.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-5 - Special Provisions For Mobile Laser Operators › Section 61-5.4 - Qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
The general provisions set forth in section
						61-1.4 
						of this Part shall apply under this Subpart except as follows:
(a) Experience. Every applicant for a
					 certificate of competence shall have at least one year of practical experience
					 in the operation of a laser. Such required experience may be obtained by a
					 trainee who is designated by and working under the direct supervision of a
					 certified mobile laser operator. Such experience shall include knowledge of
					 laser safety precautions and shall be acceptable to the commissioner. The
					 commissioner may waive the one-year experience requirement if the applicant
					 submits evidence of his successful completion of a laser operator training
					 course acceptable to the commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-5 - Special Provisions For Mobile Laser Operators › Section 61-5.5 - Certification procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The general provisions set forth at section
						61-1.5 
						of this Part shall apply under this Subpart except as follows:
(a) Investigations. For certifications under
					 this Subpart, all applicants shall pass an eye examination as specified by the
					 commissioner. The requirements of section
					 61-1.5(a)(3) 
					 of this Part shall not be applicable to applicants for certification as mobile
					 laser operators.
(b) Examination.
					 Each applicant for a certificate of competence shall, and each applicant for a
					 renewal of such certificate may, be required by the commissioner to take an
					 appropriate written examination.
(c) Issuance of certificates without
					 examination. The commissioner may issue a certificate of competence or a
					 renewal thereof without examination of any kind to any applicant who:
(1) has successfully completed a four-year
					 course of study at a college or university which included a study of lasers and
					 laser safety precautions and such course is acceptable to the commissioner;
					 or
(2) has filed an application for
					 a certificate of competence prior to February 1, 1973 and has submitted along
					 with such application evidence of adequate experience with lasers and with
					 laser safety precautions and who, in the judgment of the commissioner, meets
					 all other qualifications required for certification as a competent mobile laser
					 operator.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-5 - Special Provisions For Mobile Laser Operators › Section 61-5.6 - Laser examining board

Current through Register Vol. 46, No. 28, July 10, 2024
There shall be no examining board under this Subpart
						unless permitted by the Legislature.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-5 - Special Provisions For Mobile Laser Operators › Section 61-5.7 - Reporting and recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
The reporting requirements of section
						61-1.7 
						of this Part shall apply under this Subpart and shall include the name of the
						owner of the mobile laser.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-5 - Special Provisions For Mobile Laser Operators › Section 61-5.8 - Standards of conduct for operating mobile lasers

Current through Register Vol. 46, No. 28, July 10, 2024
Certified mobile laser operators shall operate mobile
						lasers in compliance with the requirements of Part 50 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 65 - Procedure And Practice › Subpart A - General › Section 65.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This part
					 applies to filing, processing, hearing, consideration, and determination of
					 every proceeding wherein they may be relevant and appropriate.
(b) The word "Board," shall include the
					 Board, any individual member of the Board, or an employee of the Board
					 designated and delegated such authority by the Board.
(c) The Board may on its own motion, or the
					 motion of any party, suspend the application of any provision of these rules in
					 a specific proceeding, or waive compliance with any provision of these rules,
					 so long as no substantial right is prejudiced.
Time periods prescribed by statute cannot be
						  extended.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart A - General › Section 65.2 - Number and person

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Singular
					 words may be interchanged with the plural as required by context.
(b) The word "person" shall include an
					 individual, corporation, partnership, unincorporated association, governmental
					 body or any other legal entity, as context may require.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart A - General › Section 65.3 - Documents

Current through Register Vol. 46, No. 28, July 10, 2024
A "document" is any written, printed, or electronic
						matter filed with the Board or introduced as evidence at
						hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart A - General › Section 65.4 - Pleading

Current through Register Vol. 46, No. 28, July 10, 2024
A "pleading" is a document setting forth the claims,
						defenses, admissions, and denials of a party in a proceeding before the
						Board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart A - General › Section 65.5 - Petition

Current through Register Vol. 46, No. 28, July 10, 2024
A "petition" is a pleading filed to commence a proceeding
						before the Board, and which must allege that an order, determination, rule, or
						regulation issued by the Commissioner of Labor is invalid or
						unreasonable.
Time periods prescribed by statute cannot be
						  extended.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart A - General › Section 65.6 - Party; Commissioner of Labor

Current through Register Vol. 46, No. 28, July 10, 2024
(a) "Party" includes petitioner, applicant,
					 respondent, Commissioner of Labor, intervenor, and objector.
(b) "Commissioner" when referred to in these
					 rules means the Commissioner of Labor, and may be used interchangeably with the
					 terms "Department of Labor," "Department," and "DOL."
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart A - General › Section 65.7 - Proof of service

Current through Register Vol. 46, No. 28, July 10, 2024
Proof of service when required by these rules must
						specify the document served, the person serving it, the parties it was served
						on, the method of service, place of service, and the date the document was
						served. When a document has been electronically filed with the Board, and a
						party being served has opted to receive electronic service of documents, proof
						of service may be accomplished by copying the served party on the electronic
						transmission of the document being filed with the Board, provided the
						electronic transmission of the filing with the Board, copied to the party being
						served, contains all required information for proof of
						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 65 - Procedure And Practice › Subpart A - General › Section 65.8 - Language

Current through Register Vol. 46, No. 28, July 10, 2024
Each document, other than an affidavit or exhibit, served
						or filed must be in the English language. Where an affidavit or exhibit
						attached to a document or offered as evidence at hearing is in a language other
						than English, it must be accompanied by an English translation and an affidavit
						by the translator stating the translator's qualifications and certifying that
						the translation is accurate.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart A - General › Section 65.9 - Interpreters

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a party or
					 witness requires an interpreter at any stage of the proceeding, an interpreter
					 will be provided by the Board upon a party's request. Interpreters are provided
					 at no cost to the parties, except as provided for in paragraph (c) of this
					 section.
(b) The Board may
					 establish reasonable deadlines for the parties to make a request for an
					 interpreter.
(c) The Board may
					 direct a party to pay the reasonable costs incurred by the Board caused by a
					 party's failure to request an interpreter by the deadline set by the Board if
					 such untimely request causes an adjournment or unnecessary delay.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart A - General › Section 65.10 - Computing time

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 computing the time period for filing a paper under these rules, the day the
					 period begins to run is not included. The last day of the period is included,
					 unless it is a Saturday, Sunday, or legal holiday, in which case, the period
					 runs until the end of the next day which is not a Saturday, Sunday, or legal
					 holiday.
(b) If a period of time
					 prescribed by these rules is measured from the service of any paper other than
					 a petition, and service is by mail, five days shall be added to the prescribed
					 period.
(c) If a period of time
					 prescribed by these rules is measured from the service of any paper other than
					 a petition, and service is by overnight delivery, one day shall be added to the
					 prescribed period.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart B - Parties and Notice › Section 65.11 - Representative of parties; notice of appearance; withdrawal of representation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any party may
					 appear for themselves, by an attorney, or by a designated
					 representative.
(b) An attorney or
					 designated representative is considered to control all matters related to the
					 party they represent.
(c) All
					 attorneys, agents, and representatives appearing on behalf of any person, that
					 receive a fee for that representation shall file a written notice of
					 appearance, as required by the Executive Law, and the Board will provide such a
					 form to the attorney, agent or representative.
(d) All attorneys, agents, and
					 representatives appearing on behalf of any person, that receive no fee or
					 compensation for that representation shall file a written designation of
					 representative on a form provided by the Board.
(e) Withdrawal of representation may only be
					 accomplished by filing an original and two copies of a written notice of
					 withdrawal with the Board. The notice of withdrawal must advise the Board of
					 the last known address, telephone number and email address of the party for
					 whom representation is being withdrawn, and include proof of service on all
					 parties to the proceeding, including the party for whom representation is being
					 withdrawn.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart B - Parties and Notice › Section 65.12 - Intervention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A party wishing
					 to intervene in a proceeding may file an application with the Board at any time
					 prior to the start of hearing with proof of service on the other parties. The
					 Board has discretion to allow intervention on a showing that an applicant has
					 an interest in the proceeding, the applicant's participation will assist in the
					 determination of the issues raised in the proceeding, and the applicant's
					 participation, as the Board may permit, will not unnecessarily delay the
					 proceeding. Where intervention is granted, the Board will determine the scope
					 of the intervenor's participation in the proceeding and issue an order setting
					 forth such scope.
(b) Objections to
					 an application for intervention, if any, must be filed with the Board, with
					 proof of service, within 10 days after service of the application to intervene,
					 and must set forth the reasons intervention should not be allowed. If the
					 application was filed less than 10 days prior to hearing, objections, if any,
					 must be filed by a date determined by the Board, with proof of
					 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 65 - Procedure And Practice › Subpart B - Parties and Notice › Section 65.13 - Record address

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 document filed with the Board must contain the name, address, telephone number,
					 and email address, if any, of the person filing it.
(b) Any change in such information must be
					 communicated promptly, in writing, to the Board.
(c) The Board may dismiss a proceeding as
					 abandoned if a party fails to comply with paragraph (b) of this
					 section.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart B - Parties and Notice › Section 65.14 - Service and notice by the Board

Current through Register Vol. 46, No. 28, July 10, 2024
Service and notice by the Board may be by postage-prepaid
						first class mail, electronic mail or personal delivery unless otherwise agreed
						by the parties to a proceeding or ordered by the Board. For petitions filed
						electronically, service and notice will take place through electronic mail
						unless petitioner requests an alternative method permitted by these
						rules.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.15 - Form of documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
					 otherwise provided by these rules, a document other than an exhibit must be
					 legible and be produced on standard 8 1/2" x 11" white paper or electronic
					 equivalent. Whenever possible, each document other than an exhibit should be
					 typewritten and contain print no smaller than 12 point.
(b) A document other than an exhibit must
					 contain information sufficient to identify the parties and must include the
					 Board's docket number if one has been assigned.
(c) A party filing a document or offering it
					 as evidence must redact any confidential personal information, including, but
					 not limited to:
(1) all but the last four
					 digits of any taxpayer identification number of an individual or an entity,
					 including a social security number, employer identification number, and
					 individual taxpayer identification number;
(2) the month and day of any individual's
					 birthdate;
(3) the full name of an
					 individual known to be a minor, except the minor's initials; and
(4) all but the last four digits of any
					 financial account number, including a credit and/or debit card number, a bank
					 account number, an investment account number, and/or insurance account number.
					 The Board may direct any party to redact confidential personal information from
					 their documents or require a party to file amended documents that conform to
					 this rule. A party's failure to redact such information as directed may, at the
					 discretion of the Board, constitute a waiver of the right to further
					 participation in the proceeding.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.16 - Place of filing

Current through Register Vol. 46, No. 28, July 10, 2024
Unless filing electronically or otherwise directed, an
						original and three copies of any paper required under these rules must be filed
						at the Board's principal office in Albany, New York. Electronic filings do not
						require any copies to be filed and are to be filed at the location designated
						by the Board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.17 - Method of filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 documents may be filed by mail, courier, delivery service, or in person at the
					 Board's principal office in Albany during normal business hours;
					 electronically, at a location determined and designated by the Board; or by any
					 other method authorized by the Board.
(b) A document is timely if it is postmarked
					 or electronically timestamped within the time provided for by these rules but
					 is not deemed filed until received by the Board. A document filed
					 electronically will be considered filed with the Board at the time the
					 electronic transmission indicates it was received by the Board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.18 - Form of petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 petition for review must state the reasons the order, determination, rule or
					 regulation being appealed is invalid or unreasonable and specify the relief
					 requested.
(b) The petition must
					 clearly indicate the name or names of all petitioners, which includes all
					 persons on whose behalf the petition is being filed. The petition must also
					 include the name, address, telephone number, and email address, if any, of each
					 petitioner. If the petition is filed by a representative, the representative's
					 name, address, telephone number, and email address must be indicated.
(c) If the petitioner is not named in the
					 order, determination, rule or regulation being appealed, the petition must
					 state the facts that support the petitioner as an interested party.
(d) If the petition seeks review of a
					 determination issued under Labor Law § 30 or of a notice of violation and order
					 to comply issued under Labor Law § 27-a, the petition must state the name,
					 address, and email address of any representative of the employees affected by
					 the decision or notice of violation and order to comply.
(e) The petition must be signed by the person
					 who is filing it.
(f) A copy of the
					 order, determination, rule, or regulation being appealed must be included with
					 or attached to 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 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.19 - Time for filing of petition to review order, determination, or rule or regulation of Commissioner of Labor

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless otherwise provided by statute,
					 rule or regulation, a petition for review of an order, determination, rule or
					 regulation issued by the Commissioner must be filed with the Board within 60
					 days after the date the order, determination, rule or regulation was
					 issued.
(b) Statutes of limitations
					 for filing a petition cannot be extended by the Board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.20 - Docketing of petition

Current through Register Vol. 46, No. 28, July 10, 2024
All petitions filed with the Board will be assigned a
						docket number. Documents filed after a docket number is assigned must include
						the docket number.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.21 - Service of petition on the Commissioner of Labor by the Board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After a
					 petition is filed that complies with section
					 65.18,
					 the Board will serve it upon the Commissioner, through their General Counsel.
					 Acknowledgment of service in a form determined by the Board will be sent to all
					 parties indicating the date the petition was served.
(b) If the petition seeks review of a
					 decision issued under Labor Law § 30 or of a notice of violation and order to
					 comply issued under Labor Law § 27-a, the Board will send a copy of the
					 petition for informational purposes to any representative of the affected
					 employees identified in 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 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.22 - Response to petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 Commissioner must file an answer or a motion to the petition with the Board,
					 with proof of service, within 30 days of service of the petition by the
					 Board.
(b) The 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 Commissioner
					 relies for an affirmative defense.
(c)
(1) The
					 Commissioner shall serve one copy of the answer upon each petitioner or
					 attorney of record and shall file the original with the Board, with proof of
					 such service.
(2) If a
					 representative of petitioner's employee is named in the Petition, the
					 Commissioner shall also serve, by mail, one copy upon such representative and
					 shall file with the Board 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 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.23 - Reply to answer

Current through Register Vol. 46, No. 28, July 10, 2024
Any party may file a reply to the Commissioner's answer,
						with proof of service, within 10 days of service of the
						answer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.24 - Motions addressed to pleadings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless otherwise provided by these rules
					 or directed by the Board, a motion addressed to a pleading must be filed, with
					 proof of service, within 30 days after service of the pleading that is the
					 subject of the motion.
(b) A
					 response to a motion addressed to a pleading, if any, must be filed, with proof
					 of service, within 30 days after service of the motion unless otherwise
					 directed by the Board. A reply, if any, must be filed with proof of service,
					 within 15 days after service of the response.
(c) The moving party must advise the other
					 party or parties in its notice of motion of the time periods set forth by these
					 rules for filing and serving a reply and response to a motion.
(d) If an evidentiary hearing or oral
					 argument is required by the Board to rule on a motion, the Board will fix the
					 time and place for such hearing or argument and notify the parties in
					 writing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.25 - Amendment of petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 petitioner may file an amended petition without the Board's permission at any
					 time prior to service of a response to the petition. Thereafter, a petition may
					 only be amended with the Board's permission.
(b) Unless otherwise directed, an amended
					 petition will be served by the Board in the same manner as set forth at section
					 65.21  of these
					 rules, a response to an amended petition, if any, must be made in the same
					 manner as set forth at section
					 65.22 
					 of these rules, and a reply to an answer to an amended petition, if any, must
					 be made in the same manner as set forth at section
					 65.23  of
					 these rules.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter B - Rules Of Procedure And Practice › Part 65 - Procedure And Practice › Subpart C - Documents, pleadings, and motions › Section 65.26 - Amendment of pleading other than petition; amendment to conform to proof

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pleadings,
					 other than petitions, may only be amended with the Board's
					 permission.
(b) Pleadings may be
					 amended with the Board's permission to conform to the proof at any time prior
					 to the conclusion of the hearing.