New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter IV - Resolution of Labor Disputes
Subchapter C - Boards Of Inquiry
Part 285 - Procedure By Boards Of Inquiry
Section 285.4 - Powers of board

Current through Register Vol. 46, No. 12, March 20, 2024

(a) A board of inquiry shall have power, and is authorized through its chairman, to require any person who appears to the board to have any knowledge of the subject matter of the inquiry to furnish in writing, or otherwise, such particulars in relation thereto as the board may require.

(b) A board of inquiry shall have power, within the limits of its reference, to subpoena witnesses, compel their attendance; administer oaths, examine any person under oath; to take testimony, and to compel any person to subscribe his testimony after it has been correctly reduced to writing; to require the production of books, papers, documents, records, correspondence or evidence relevant to the inquiry; and to take or cause to be taken depositions of witnesses residing within or without the State, in the manner prescribed by law for like depositions in actions in the Supreme Court.

(c) In proceedings before a board of inquiry the board shall have power to exclude evidence which is immaterial, irrelevant, unduly repetitious, or not of the sort on which responsible persons are accustomed to rely in serious affairs; and it shall not be bound by the technical rules of evidence prevailing in courts of law and equity. The function of a board of inquiry is primarily investigatory and not quasi-legislative or quasi-judicial. But the board shall have power to include recommendations in its report if the terms of reference creating the board so provide.

(d) A board shall have the power to confer with and obtain information and reports from any other agencies that may have interceded in a dispute (Board of Mediation; United States Conciliation Service; National or State Labor Relations Boards; mayor's office; etc.).

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