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 805 - Petition For Employee Contest Of Abatement Period
Section 805.5 - Review of employee contest

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 805.5

Current through Register Vol. 46, No. 39, September 25, 2024

The determination of the commissioner under this Part shall be deemed a final order under section 27-a of the Labor Law.

(a) If the commissioner denies the employee contest petition, in whole or in part, such petition, employer response and determination will 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, a party shall file a response setting forth whether it is aggrieved by such determination and the reasons therefor. If no party is aggrieved, the board shall on its own motion dismiss the proceeding.

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