N.Y. Executive Law § 295: General powers and duties of division

§ 295. General powers and duties of division. The division, by and

through the commissioner or his or her duly authorized officer or

employee, shall have the following functions, powers and duties:

1. To establish and maintain its principal office, and such other

offices within the state as it may deem necessary.

2. To function at any place within the state.

3. To appoint such officers, attorneys, clerks and other employees and

agents, consultants and special committees as it may deem necessary, fix

their compensation within the limitations provided by law, and prescribe

their duties.

4. To obtain upon request and utilize the services of all governmental

departments and agencies.

5. To adopt, promulgate, amend and rescind suitable rules and

regulations to carry out the provisions of this article, and the

policies and practices of the division in connection therewith.

6. (a) To receive, investigate and pass upon complaints alleging

violations of this article.

(b) Upon its own motion, to test and investigate and to make, sign and

file complaints alleging violations of this article and to initiate

investigations and studies to carry out the purposes of this article.

7. To hold hearings, to provide where appropriate for

cross-interrogatories, subpoena witnesses, compel their attendance,

administer oaths, take the testimony of any person under oath, and in

connection therewith, to require the production for examination of any

books or papers relating to any matter under investigation or in

question before the division. The division may make rules as to the

issuance of subpoenas which may be issued by the division at any stage

of any investigation or proceeding before it.

In any such investigation or hearing, the commissioner, or an officer

duly designated by the commissioner to conduct such investigation or

hearing, may confer immunity in accordance with the provisions of

section 50.20 of the criminal procedure law.

8. To create such advisory councils, local, regional or state-wide, as

in its judgment will aid in effectuating the purposes of this article

and of section eleven of article one of the constitution of this state,

and the division may empower them to study the problems of

discrimination in all or specific fields of human relationships or in

specific instances of discrimination because of age, race, creed, color,

national origin, sexual orientation, gender identity or expression,

military status, sex, disability or marital status and make

recommendations to the division for the development of policies and

procedures in general and in specific instances. The advisory councils

also shall disseminate information about the division's activities to

organizations and individuals in their localities. Such advisory

councils shall be composed of representative citizens, serving without

pay, but with reimbursement for actual and necessary traveling expenses;

and the division may make provision for technical and clerical

assistance to such councils and for the expenses of such assistance.

9. To develop human rights plans and policies for the state and assist

in their execution and to make investigations and studies appropriate to

effectuate this article and to issue such publications and such results

of investigations and research as in its judgement will tend to inform

persons of the rights assured and remedies provided under this article,

to promote good-will and minimize or eliminate discrimination because of

age, race, creed, color, national origin, sexual orientation, gender

identity or expression, military status, sex, disability or marital

status.

10. To render each year to the governor and to the legislature a full

written report of all its activities and of its recommendations.

11. To inquire into incidents of and conditions which may lead to

tension and conflict among racial, religious and nationality groups and

to take such action within the authority granted by law to the division,

as may be designed to alleviate such conditions, tension and conflict.

12. To furnish any person with such technical assistance as the

division deems appropriate to further compliance with the purposes or

provisions of this article.

13. To promote the creation of human rights agencies by counties,

cities, villages or towns in circumstances the division deems

appropriate.

14. To accept, with the approval of the governor, as agent of the

state, any grant, including federal grants, or any gift for any of the

purposes of this article. Any moneys so received may be expended by the

division to effectuate any purpose of this article, subject to the same

limitations as to approval of expenditures and audit as are prescribed

for state moneys appropriated for the purposes of this article.

15. To adopt an official seal.

16. To have concurrent jurisdiction with the New York city commission

on human rights over the administration and enforcement of title C of

chapter one of the administrative code of the city of New York.

17. To establish a dedicated telephone line to provide assistance to

individuals with complaints of housing discrimination. Such assistance

shall include, but not be limited to, directing individuals to resources

available to the public regarding housing discrimination. The division

shall operate such dedicated telephone line during regular business

hours and shall post the telephone number for such dedicated phone line

on the website of the division. The commissioner is hereby authorized

and directed to promulgate rules and regulations to effectuate the

purposes of this subdivision.

18. To establish a toll free confidential hotline to provide

individuals with complaints of workplace sexual harassment counsel and

assistance. The division shall operate this hotline during regular

business hours and disseminate information about this hotline in order

to ensure public knowledge of the hotline, including by working with the

department of labor to ensure that information on the hotline is

included in any materials employers must post or provide to employees

regarding sexual harassment. The division will work with organizations

representing attorneys, including but not limited to the New York state

bar association, to recruit attorneys experienced in providing counsel

related to sexual harassment matters who can provide pro bono assistance

and counsel to individuals that contact the hotline. The hotline shall

comply with all of the requirements for a program operated under the New

York Rules of Professional Conduct, 12 NYCRR, Rule 6.5 (Participation in

limited pro bono legal service programs). Attorneys may not solicit, or

permit employees or agents of the attorneys to solicit on the attorney's

behalf, further representation of any individuals they advise through

the hotline relating to discussed sexual harassment complaint.