N.Y. Comp. Codes R. & Regs. tit. 12, § 65.42
Duties and powers of board members.
Department of Labor
- (a) to conduct any investigation ordered by the board;
- (b) to report findings of investigations to the board;
- (c) to examine and receive any document or other evidence which is deemed pertinent, relevant or necessary to an investigation;
- (d) to record the testimony of any such witness, or to obtain from such witness a written statement, under oath or affirmation, on matters pertinent, relevant or necessary to an investigation;
- (e) to take affidavits;
- (f) to hold conferences for the settlement or simplification of the issues, on consent of the parties, and to report thereon, with recommendations, to the board;
- (g) to hold and conduct a hearing, when ordered by the board, relating to any matter pertaining to the board’s exercise of its functions;
- (h) to issue subpoenas for and compel the attendance of witnesses and the production of books, contracts, documents and other evidence;
- (i) to rule upon petitions to revoke, amend or modify subpoenas or subpoenas duces tecum, subject to confirmation by the board;
- (j) to administer oaths and affirmations;
- (k) to call, examine and cross-examine witnesses;
- (l) to receive offers of proof, to receive evidence and testimony, and to receive any objections to such offers of proof, or evidence and testimony, at or during any hearing;
- (m) to rule upon offers of proof and receive relevant evidence, subject to confirmation by the board;
- (n) to dispose of procedural requests or similar matters;
- (o) to allow any petition, answer or other document in any proceeding to be supplemented, amended or corrected, provided that such change does not operate to prejudice a party’s cause or unduly broaden or alter the issues of a proceeding;
- (p) to regulate, in any manner, the course of the hearing, subject to confirmation by the board; and
- (q) to continue an investigation or hearing from day to day or adjourn same to a later date or to a different place by announcement thereof at the hearing or by other notice.
The board by one or more of its members shall have the following duties and powers: