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This entry was published on 2014-09-22
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Powers of the commissioner
§ 860-f. Powers of the commissioner. 1. The commissioner shall
prescribe such rules as may be necessary to carry out this article. The
rules shall, at a minimum, include provisions that allow the parties
access to administrative hearings for any actions of the department
under this article.

2. In any investigation or proceeding under this article, the
commissioner has, in addition to all other powers granted by law, the
authority to examine any information of an employer necessary to
determine whether a violation of this article has occurred, including to
determine the validity of any defense.

3. Except as provided in this section, information obtained through
administration of this article from an employer subject to this article
and which is not otherwise obtainable by the commissioner under this
chapter shall: (a) be confidential; and (b) not be published or open to
public inspection. Prior to public disclosure of any such information in
connection with any court action or proceeding, the employer shall be
given a reasonable opportunity to make application to protect the
information's confidentiality.

4. No decision or order issued pursuant to this article shall be
admissible or used in evidence in any subsequent court proceeding except
in an action by the commissioner or the employer to implement, enforce,
or challenge a determination made by the commissioner pursuant to this

5. Any officer or employer of the state, any officer or employee of
any entity authorized to obtain information pursuant to this section,
and any agent to this state or of such entity who, except with authority
of the commissioner under this section, discloses information is guilty
of a misdemeanor.

6. If, after an administrative hearing, the commissioner shall
determine that an employer has violated any of the requirements of this
article or any rules or regulations promulgated hereunder, the
commissioner shall issue an order which shall include any penalties
assessed by the commissioner under sections eight hundred sixty-g and
eight hundred sixty-h of this article. Upon the entry of such order, any
party aggrieved thereby may commence a proceeding for the review thereof
pursuant to article seventy-eight of the civil practice law and rules
within thirty days from the notice of the filing of the said order in
the office of the commissioner. Such proceeding shall be commenced
directly in the appellate division of the supreme court. If such order
is not reviewed, or is so reviewed and the final decision is in favor of
the commissioner, the commissioner may file with the county clerk of the
county where the employer resides or has a place of business the order
of the commissioner containing the amount found to be due. The filing of
such order shall have the full force and effect of a judgment duly
docketed in the office of such clerk. The order may be enforced by and
in the name of the commissioner in the same manner, and with like
effect, as that prescribed by the civil practice law and rules for the
enforcement of a money judgment.

7. The commissioner shall distribute any back pay and the value of any
benefits recovered to any employees subject to the violation.