N.Y. Comp. Codes R. & Regs. tit. 12, § 72.5
Conduct of proceeding.
Department of Labor
- (a) The board may decide the application on the basis of the papers and other materials submitted in the matter, or it may in its discretion hear argument or hold a hearing for such purposes as it may consider appropriate. If a hearing is to be held or argument had, the board shall fix a time and place therefor and shall notify the parties and any person which it deems might aid it in arriving at a determination.
- (b) In the discretion of the board, interested persons may be allowed to intervene.
- (c) The board may affirm, revoke or modify the “unsafe notice” under review, or make such determination as it may deem proper. Such determination shall be effective from a date therein specified until further action by the board or decision of the section 101 proceeding.