New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter B - Rules Of Procedure And Practice
Part 70 - Appeals From Minimum Wage Orders And Regulations Under Sections 657 And 676 Of Labor Law
Section 70.10 - Security for stay (subdivisions 3 and 8 of sections 657 and 676)
Current through Register Vol. 46, No. 12, March 20, 2024
(a) An application for a determination by the board, as to the sufficiency of security to cause an appeal to operate as a stay of the order or regulation, shall be made by filing with the board a separate written and verified petition identifying the appeal and setting forth:
(b) The petition shall not be accepted by the board for filing unless accompanied by proof that a copy thereof has been delivered or mailed to the Commissioner of Labor.
(c) The Commissioner of Labor on behalf of the board shall inspect the books and records of the applicant in respect to the allegations of the petition and report forthwith to the board and promptly serve a copy thereof upon the applicant. The petition shall be deemed true except as the Commissioner of Labor in her report may assert error therein, and may be amended or withdrawn by the applicant without prejudice.
(d) The determination of the board shall be made upon the petition, the report and such other evidence as the board may require, with or without a hearing in the board's discretion, and shall be effective from a date therein specified until further action by the board or decision of the appeal.