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This entry was published on 2021-04-02
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SECTION 234
Powers of the fiscal officer
Labor (LAB) CHAPTER 31, ARTICLE 9
§ 234. Powers of the fiscal officer. 1. In addition to the powers
enumerated elsewhere in this article, the fiscal officer shall have the
power:

(a) to cause an investigation to be made to determine the wages
prevailing in any locality in all crafts, trades and occupations
involved in service work; in making such investigation, the fiscal
officer may utilize wage and fringe benefit data from various sources
including, but not limited to, data and determinations of federal, state
or other governmental agencies;

(b) to institute and conduct inspections at the site of the work or
elsewhere in aid of the effective administration and enforcement of the
provisions of this article;

(c) to examine the books, documents and records pertaining to the
wages paid to, and the hours of work performed by, service employees;

(d) to hold the hearings provided for in this article, and in
connection therewith to issue subpoenas, administer oaths and examine
witnesses. The enforcement of a subpoena issued under this section
shall be regulated by the civil practice law and rules;

(e) to make a classification by craft, trade or other generally
recognized occupational category of the service employees involved and
to determine whether such work has been performed by the employees in
such classification;

(f) to require a contractor to file with the fiscal officer a record
of the wages actually paid by such contractor to the employees and of
their hours of work;

(g) to delegate any of the foregoing powers to his deputy or other
authorized representative;

(h) to provide such reasonable limitations from any or all provisions
of this article as he may find necessary and proper in the public
interest or to avoid serious impairment of the conduct of government
business;

(i) to propose, and after public hearing held before him or his
designee, to promulgate such rules as he shall consider necessary for
the proper execution of the duties, responsibilities and powers
conferred upon him by the provisions of this article. Such rules may
allow such reasonable variations, tolerances and exemptions to and from
any or all provisions of this article as the fiscal officer may find
necessary and proper in the public interest, or to avoid serious
impairment of the conduct of government business.

2. For all work for which the industrial commissioner is the fiscal
officer, the industrial commissioner shall additionally have all the
powers granted him elsewhere in this chapter.