N.Y. Comp. Codes R. & Regs. tit. 12, § 72.3

Form and content of petition.

Department of Labor
  1. (a) contain a caption in the following form:

    STATE OF NEW YORK

    INDUSTRIAL BOARD OF APPEALS

    X

    :

    In the Matter of the Application of :

    (insert name of applicant)

    For a stay to permit use after issuance of an Applicant, :

    “unsafe notice” by the Commissioner of Labor :

    declaring unsafe and prohibiting the use of ( identify subject in issue ) :

    —against— :

    The Commissioner of Labor, :

    Respondent. :

    X

  2. (b) state the address of the applicant;
  3. (c) state the address and location of the machinery, equipment, device or area which is the subject of the notice;
  4. (d) describe the machinery, equipment, device or area prohibited to be used;
  5. (e) describe the manner in which the machinery, equipment, device or area is used or operated;
  6. (f) state whether the persons using the machinery, equipment, device or area have any special training or competence and the extent of their supervision, if any;
  7. (g) annex a complete copy of the notice sought to be stayed, including copies of any other orders, notices and supporting documents issued in connection therewith;
  8. (h) state the facts showing why the notice is erroneous or unreasonable and, where possible, submit affidavits or other reliable, relevant evidence to justify a stay;
  9. (i) set forth the relief requested; and
  10. (j) be signed and verified by applicant or an authorized representative.

The petition shall:

Log InSign Up