Senate Bill S7053

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7053

                            I N  S E N A T E

                              March 9, 2010
                               ___________

Introduced by Sen. ONORATO -- (at request of the Department of Labor) --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Labor

AN ACT to amend the labor law, in  relation  to  protection  of  certain
  confidential information

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivisions 1, 2 and 3 of section 620 of the  labor  law,
subdivision  1  as amended by chapter 645 of the laws of 1951, paragraph
(a) of subdivision 1 as amended by chapter 589  of  the  laws  of  1998,
subdivision 2 as amended by chapter 248 of the laws of 1991 and subdivi-
sion  3 as added by chapter 705 of the laws of 1944, are amended to read
as follows:
  1. Disputed claims for benefits.  (a) A claimant who  is  dissatisfied
with  an  initial  determination of his or her claim for benefits or any
other party, including any employer whose  employer  account  percentage
might  be  affected  by such determination may, within thirty days after
the mailing or  personal  delivery  of  notice  of  such  determination,
request  a hearing. The referee may extend the time fixed for requesting
a hearing, upon evidence that the physical condition or mental incapaci-
ty of the claimant prevented the claimant from filing an  appeal  within
thirty  days  of  the initial determination. Any employer whose employer
account percentage might be affected by such determination, irrespective
of whether or not such employer was a party to a hearing  brought  here-
under,  shall  have  [free] access to all records of any hearing brought
hereunder by any party relating to such determination, PROVIDED,  HOWEV-
ER,  THAT  THOSE RECORDS SHALL BE SUBJECT TO REDACTION OR SHALL BE WITH-
HELD IN ACCORDANCE WITH APPLICABLE FEDERAL OR STATE STATUTORY AND  REGU-
LATORY  REQUIREMENTS  GOVERNING INFORMATION CONFIDENTIALITY AND PERSONAL
PRIVACY, INCLUDING, BUT NOT LIMITED TO, ARTICLE SIX AND ARTICLE SIX-A OF
THE PUBLIC OFFICERS LAW.
  (b) When the initial determination of a claim for benefits, upon which
a hearing has been requested, involves the question whether  any  person
is  or  was an employer within the meaning of this article and is or was

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15963-01-0

S. 7053                             2

liable for the payment of contributions under this article, or the ques-
tion whether an employer has fully complied with the obligations imposed
by this article, written notice of the hearing shall be  given  to  such
persons or employer, either personally or by mail, and thereupon he, SHE
OR  SUCH EMPLOYER shall be deemed a party to the proceeding, entitled to
be heard. Upon such notice having  been  given,  the  referee  may  then
decide  such  question or questions and any other issue related thereto,
and his OR HER decision shall not be deemed limited in its effect to the
immediate claimant making the claim for benefits but shall be  deemed  a
general  determination  of  such  questions  with  respect  to all those
employed by such person or employer for all the purposes of  this  arti-
cle,  and  such  decision shall be conclusive and binding upon [him] THE
CLAIMANT AND SUCH PERSON OR EMPLOYER, subject, however, to the right  to
appeal hereinafter provided.
  2. Contested determinations, rules, or orders. Any employer who claims
to  be  aggrieved  by  the commissioner's determination of the amount of
[its] THE EMPLOYER'S contributions or by any other rule or order of  the
commissioner  under  any  provision  of  this  article  may apply to the
commissioner for a hearing within thirty days after mailing or  personal
delivery of notice of such determination, rule, or order.
  3.  Decisions. Every hearing as herein provided for shall be held by a
referee who shall render his OR HER decision within five days after  the
hearing is concluded. Written notice of the referee's decision, contain-
ing  the  reasons  therefor,  shall be promptly given to the claimant or
employer, to the commissioner, and to any  party  affected  thereby  who
appeared  at the hearing.  PUBLICATION OF A REFEREE'S DECISION OR OF ANY
APPEAL BOARD DECISION SHALL BE SUBJECT TO REDACTION OR SHALL BE WITHHELD
IN ACCORDANCE WITH APPLICABLE FEDERAL OR STATE STATUTORY AND  REGULATORY
REQUIREMENTS GOVERNING INFORMATION CONFIDENTIALITY AND PERSONAL PRIVACY,
INCLUDING,  BUT  NOT  LIMITED  TO,  ARTICLE SIX AND ARTICLE SIX-A OF THE
PUBLIC OFFICERS LAW.
  The decision of a referee shall be deemed the decision of  the  appeal
board  from  the date of the filing thereof in the department, unless an
appeal is taken from such decision to the board in accordance  with  the
provisions  of  this article or unless the board on its own motion or on
application duly made to it modify or rescind such decision.
  S 2. Subdivision 2 of section 622 of the labor law, as added by  chap-
ter 705 of the laws of 1944, is amended to read as follows:
  2.  Evidence  and  procedure.  At any hearing held as herein provided,
evidence may be offered to support a determination, rule, or order or to
prove that it is incorrect. The appeal board and the referees, in  hear-
ings and appeals under any provision of this article, shall not be bound
by  common  law or statutory rules of evidence or by technical or formal
rules of procedure but may conduct the  hearings  and  appeals  in  such
manner  as to ascertain the substantial rights of the parties.  HEARINGS
GOVERNED BY THIS ARTICLE MAY BE CLOSED AND HEARING  TRANSCRIPTS  MAY  BE
REDACTED  IN  ACCORDANCE  WITH APPLICABLE FEDERAL OR STATE STATUTORY AND
REGULATORY  REQUIREMENTS  GOVERNING  INFORMATION   CONFIDENTIALITY   AND
PERSONAL PRIVACY, INCLUDING, BUT NOT LIMITED TO, ARTICLE SIX AND ARTICLE
SIX-A OF THE PUBLIC OFFICERS LAW.
  S 3. This act shall take effect immediately.