New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter XII - Division Of Employment And Training
Part 921 - New York State Worker Adjustment And Retraining Notification (warn) Requirements
Subpart 921-7 - Enforcement By The Commissioner Of Labor
Section 921-7.4 - Administrative review
Current through Register Vol. 44, No. 51, December 21, 2022
(a) Should the commissioner identify any violations of the WARN Act or this Part, he or she shall notify the employer of such violations and the amounts due for wages, benefits, and/or penalties associated with such violations. Such violations may, in the commissioner's discretion, be set forth in the first instance in either a Notice of Violation or a Notice of Violation accompanied by a Notice of Hearing. In no event shall the commissioner issue an order or determination addressing such violations without having first held a hearing in the matter, except in those cases in which the employer has waived its right to such hearing pursuant to a settlement upon terms acceptable to the commissioner.
(b) Hearings. Administrative hearings for a violation of the State WARN Act shall be conducted by an employee of the Department of Labor designated by the commissioner to be the hearing officer, who shall not be bound by statutory rules of evidence or by technical or formal rules of procedure. The procedure found in Part 701 of this Title, Procedural Rules for Hearings, shall be the sole and exclusive procedure for the conduct of such hearings, notwithstanding any other provision of law. The hearing officer, as soon after the conclusion of the hearing as possible, on the basis of the record made in the proceeding, shall submit his or her report and recommendation to the commissioner, who shall promptly thereafter issue his or her order and determination.
(c) Determination and order of the commissioner. If the commissioner shall determine that an employer has violated any of the requirements of the act or this Part, the commissioner shall issue an order which shall include any penalties assessed by the commissioner and file a notice of entry thereof in the office of the commissioner.