New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter B - Rules Of Procedure And Practice
Part 65 - Procedure And Practice
Subpart E - Hearings
Section 65.42 - Duties and powers of Board members
Current through Register Vol. 46, No. 12, March 20, 2024
The Board by one or more of its members shall have the following duties and powers:
(a) to conduct any investigation ordered by the Board;
(b) to report findings of investigations to the Board;
(c) to examine and receive any document or other evidence which is deemed pertinent, relevant or necessary to an investigation;
(d) to record the testimony of any such witness, or to obtain from such witness a written statement, under oath or affirmation, on matters pertinent, relevant or necessary to an investigation;
(e) to take affidavits;
(f) to hold conferences for the settlement or simplification of the issues, on consent of the parties, and to report thereon, with recommendations, to the Board;
(g) to hold and conduct a hearing, when ordered by the Board, relating to any matter pertaining to the Board's exercise of its functions;
(h) to issue subpoenas for and compel the attendance of witnesses and the production of books, contracts, documents and other evidence;
(i) to rule upon petitions to revoke, amend or modify subpoenas or subpoenas duces tecum, subject to confirmation by the Board;
(j) to administer oaths and affirmations;
(k) to call, examine and cross-examine witnesses;
(l) to receive offers of proof, to receive evidence and testimony, and to receive any objections to such offers of proof, or evidence and testimony, at or during any hearing;
(m) to rule upon offers of proof and receive relevant evidence, subject to confirmation by the Board;
(n) to dispose of procedural requests or similar matters;
(o) to allow any petition, answer or other document in any proceeding to be supplemented, amended or corrected, provided that such change does not operate to prejudice a party's cause or unduly broaden or alter the issues of a proceeding;
(p) to regulate, in any manner, the course of the hearing, subject to confirmation by the Board; and
(q) to continue an investigation or hearing from day to day or adjourn same to a later date or to a different place by announcement thereof at the hearing or by other notice.
