N.Y. Labor Law § 860-f: Powers of the commissioner

§ 860-f. Powers of the commissioner. 1. The commissioner shall

prescribe such rules as may be necessary to carry out this article. The

rules shall, at a minimum, include provisions that allow the parties

access to administrative hearings for any actions of the department

under this article.

2. In any investigation or proceeding under this article, the

commissioner has, in addition to all other powers granted by law, the

authority to examine any information of an employer necessary to

determine whether a violation of this article has occurred, including to

determine the validity of any defense.

3. Except as provided in this section, information obtained through

administration of this article from an employer subject to this article

and which is not otherwise obtainable by the commissioner under this

chapter shall: (a) be confidential; and (b) not be published or open to

public inspection. Prior to public disclosure of any such information in

connection with any court action or proceeding, the employer shall be

given a reasonable opportunity to make application to protect the

information's confidentiality.

4. No decision or order issued pursuant to this article shall be

admissible or used in evidence in any subsequent court proceeding except

in an action by the commissioner or the employer to implement, enforce,

or challenge a determination made by the commissioner pursuant to this

article.

5. Any officer or employer of the state, any officer or employee of

any entity authorized to obtain information pursuant to this section,

and any agent to this state or of such entity who, except with authority

of the commissioner under this section, discloses information is guilty

of a misdemeanor.

6. If, after an administrative hearing, the commissioner shall

determine that an employer has violated any of the requirements of this

article or any rules or regulations promulgated hereunder, the

commissioner shall issue an order which shall include any penalties

assessed by the commissioner under sections eight hundred sixty-g and

eight hundred sixty-h of this article. Upon the entry of such order, any

party aggrieved thereby may commence a proceeding for the review thereof

pursuant to article seventy-eight of the civil practice law and rules

within thirty days from the notice of the filing of the said order in

the office of the commissioner. Such proceeding shall be commenced

directly in the appellate division of the supreme court. If such order

is not reviewed, or is so reviewed and the final decision is in favor of

the commissioner, the commissioner may file with the county clerk of the

county where the employer resides or has a place of business the order

of the commissioner containing the amount found to be due. The filing of

such order shall have the full force and effect of a judgment duly

docketed in the office of such clerk. The order may be enforced by and

in the name of the commissioner in the same manner, and with like

effect, as that prescribed by the civil practice law and rules for the

enforcement of a money judgment.

7. The commissioner shall distribute any back pay and the value of any

benefits recovered to any employees subject to the violation.