N.Y. Labor Law § 100: Industrial board of appeals

§ 100. Industrial board of appeals. 1. There is hereby created in the

department of labor a board, to be known as the industrial board of

appeals, which shall be composed of five members, at least one of whom

shall be a lawyer. Of the first members of the board, two shall be

designated by the governor from among the members of the board of

standards and appeals in office on the day preceding the effective date

of this act, who shall serve for terms expiring on December

thirty-first, nineteen hundred seventy-seven, and three shall be

appointed by the governor, with the advice and consent of the senate,

two of whom shall be appointed for terms expiring on December

thirty-first, nineteen hundred seventy-six, and one of whom shall be

appointed for a term expiring on December thirty-first, nineteen hundred

seventy-eight. Their successors shall be appointed by the governor, with

the advice and consent of the senate, for terms of six years, except

that if a vacancy occurs otherwise than by expiration of term, it shall

be filled for the unexpired term. The governor shall designate one

member to serve as chairman of the board. The governor may remove a

member of the board for inefficiency, neglect of duty or misconduct in

office after giving him a copy of the charges and an opportunity of

being publicly heard in person or by counsel on not less than ten days

notice. If a member of the board be removed the governor shall file with

the department of state a record of his proceedings in respect of such

removal and his findings therein.

2. The members of the board shall receive compensation as determined

by the governor within the limits of the appropriation made therefor.

The chairman shall devote his entire time to the duties of his office

and shall not hold any other public office nor engage in any other

business, vocation or employment. The reasonable and necessary traveling

and other expenses of the members of the board and other officers and

employees of the board, while actually engaged in the performance of

their duties shall be paid from the state treasury upon the audit and

warrant of the comptroller, upon vouchers approved by the chairman.

3. The industrial commissioner shall detail to the board such

employees as shall be reasonably necessary to perform the duties of the

board and shall fix their compensation within the limits of the

appropriation made therefor.

4. The principal office of the board shall be in the county of Albany,

but it may meet and exercise any or all of its powers at any other place

within the state.

5. (a) The board shall not be bound by technical rules of procedure

and evidence and shall conduct all hearings according to procedure

prescribed by the board.

(b) The board may designate one or more of its members or competent

employees to hold a hearing or investigation relating to any matter

pertaining to the execution of its functions, and to report to the

board.

(c) The board by one or more members shall have the power:

(1) To administer oaths and take affidavits in matters relating to the

performance of its functions under this chapter;

(2) To issue subpoenas for and compel the attendance of witnesses and

the production of books, contracts, papers, documents and other

evidence;

(3) To hear testimony and take or cause to be taken depositions of

witnesses residing within or without this state in the manner prescribed

by law for like depositions in civil actions in the supreme court.

Subpoenas and commissions to take testimony shall be issued under the

seal of the department.

8. Notwithstanding any other provision of this chapter or any other

law, neither the industrial commissioner nor any board or other agency

of the department of labor shall in any way direct, review, modify or

reverse any decision or finding of the board, nor shall the industrial

commissioner or any board or other agency of the department of labor

supervise or control the board in the exercise of any powers or in the

performance of its duties or functions under this chapter.