If the director of PEPR determines, as part of the investigation of a question or controversy concerning representation, that an election or elections by secret ballot is necessary, the director of PEPR shall provide that such election or elections be conducted by an agent of the board upon such terms or conditions as the director of PEPR or the board may specify.
N.Y. Comp. Codes R. & Regs. Tit. 12 § 251.9