N.Y. Workers' Compensation Law § 150: Referees and secretary

§ 150. Referees and secretary. (a) The chair shall appoint as many

persons as may be necessary to be referees to perform the duties

prescribed by this section. All positions of referee now in existence

shall remain in the exempt class of the classified civil service, except

as otherwise provided herein. The term of referees appointed to

positions in the exempt class shall be seven years from the date of

appointment; provided, however, that referees may be removed by the

chair for cause after notice of charges and an opportunity to be heard.

A newly created position of referee, or one that has been vacated, shall

be classified in the competitive class of the classified service, and

the term of office prescribed herein shall not apply to such

appointments; provided, however, that those who are serving in referee

positions on the date that this act becomes effective whose term has

already expired or whose term expires on or after such effective date

may, in the discretion of the appointing authority, be retained in that

position until the expiration of the eligible list established as the

result of the next competitive examination appropriate for such title,

held after January first, nineteen hundred ninety-one or may, before

such time, be appointed from such eligible list.

A referee shall devote his or her entire time to the duties of that

office and shall not hold any other public office or public employment

for which compensation is received, other than necessary travel or other

expenses incurred in the performance of the duties of such office or

employment, and may engage in any employment that does not conflict with

the proper performance of the duties of his or her office and is not

inconsistent with the public officers law. Referees shall receive an

annual salary to be fixed by the chair within the appropriation made

therefor.

(b) It shall be the duty of a referee, under rules adopted by the

board, to hear and determine claims for compensation, and to conduct

such hearings and investigations and to make such orders, decisions and

determinations as may be required by any general or special rule or

order of the board under the provisions of this chapter. The decision of

a referee on such a claim shall be deemed the decision of the board from

the date of the filing thereof in the office of the secretary of the

board unless the board, on its own motion or on application duly made to

it, modify or rescind such decision. Whenever any deaf person is a party

to a hearing conducted before a referee, or a witness therein, the

referee shall in all instances appoint a qualified interpreter who is

certified by a recognized national or New York state credentialing

authority to interpret the proceedings to and the testimony of such deaf

person. The board shall determine a reasonable fee for all such

interpreting services, the cost of which shall constitute an

administrative expense.

(c) Notwithstanding any other provisions of this section to the

contrary, the chair may establish a list of board employees qualified by

training or experience to serve as acting referees. When the chair or

his or her duly designated representative shall determine that a

temporary emergency exists, he, she or said representative may assign an

employee from such list to serve as an acting referee during such

temporary emergency. Such board employee qualified by training or

experience shall serve without additional compensation and shall have

all the powers and duties of a duly appointed referee.

(d) There shall be a secretary of the board who shall be appointed and

may be removed by the board. The board shall fix his salary within the

limits of the appropriations therefor. The secretary shall perform such

duties in connection with meetings of the board and such other duties as

may be assigned to him by the board. He shall also perform such of the

administrative duties and have such of the administrative powers of the

chairman of the board as may be delegated or assigned to him by the

chairman.