N.Y. Labor Law § 234: Powers of the fiscal officer

§ 234. Powers of the fiscal officer. 1. In addition to the powers

enumerated elsewhere in this article, the fiscal officer shall have the

power:

(a) to cause an investigation to be made to determine the wages

prevailing in any locality in all crafts, trades and occupations

involved in service work; in making such investigation, the fiscal

officer may utilize wage and fringe benefit data from various sources

including, but not limited to, data and determinations of federal, state

or other governmental agencies;

(b) to institute and conduct inspections at the site of the work or

elsewhere in aid of the effective administration and enforcement of the

provisions of this article;

(c) to examine the books, documents and records pertaining to the

wages paid to, and the hours of work performed by, service employees;

(d) to hold the hearings provided for in this article, and in

connection therewith to issue subpoenas, administer oaths and examine

witnesses. The enforcement of a subpoena issued under this section

shall be regulated by the civil practice law and rules;

(e) to make a classification by craft, trade or other generally

recognized occupational category of the service employees involved and

to determine whether such work has been performed by the employees in

such classification;

(f) to require a contractor to file with the fiscal officer a record

of the wages actually paid by such contractor to the employees and of

their hours of work;

(g) to delegate any of the foregoing powers to his deputy or other

authorized representative;

(h) to provide such reasonable limitations from any or all provisions

of this article as he may find necessary and proper in the public

interest or to avoid serious impairment of the conduct of government

business;

(i) to propose, and after public hearing held before him or his

designee, to promulgate such rules as he shall consider necessary for

the proper execution of the duties, responsibilities and powers

conferred upon him by the provisions of this article. Such rules may

allow such reasonable variations, tolerances and exemptions to and from

any or all provisions of this article as the fiscal officer may find

necessary and proper in the public interest, or to avoid serious

impairment of the conduct of government business.

2. For all work for which the industrial commissioner is the fiscal

officer, the industrial commissioner shall additionally have all the

powers granted him elsewhere in this chapter.