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 804 - Petition For Modification Of Abatement Date
Section 804.7 - Review of employee objection

Current through Register Vol. 47, No. 12, March 26, 2025

When a petition has been objected to by affected employees or their representative, if there is one, such petition shall be processed as follows:

(a) If the commissioner's determination grants, in whole or in part, the employer's application, the petition, citation and any objections shall be forwarded by the commissioner to the Industrial Board of Appeals within 10 working days.

(b) The Industrial Board of Appeals shall docket and process such petitions as expedited proceedings.

(c) Within 10 working days after the receipt of notice of the docketing by the Industrial Board of Appeals of any petition for modification of the abatement date, each party shall file a response setting forth whether it is aggrieved by such determination and the reasons for opposing the granting of the modification date requested in the petition. If no party is aggrieved, the board on its own motion shall dismiss the proceeding.

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