S T A T E O F N E W Y O R K
________________________________________________________________________
10921
I N A S S E M B L Y
April 30, 2010
___________
Introduced by M. of A. LATIMER -- (at request of the Department of
Labor) -- read once and referred 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
liable for the payment of contributions under this article, or the ques-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15963-01-0
A. 10921 2
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.