N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 921-7.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 921-7.1 - Powers of the commissioner

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

(b) If an employer proves to the satisfaction of the commissioner, during the investigation or during the hearing as set forth in section 921-7.4 of this Subpart, that the act or omission that violated the Act or this Part was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of the Act, the commissioner may, in their discretion, reduce the amount of penalty and/or reduce the amount of the liability provided for under the Act. In determining the amount of such reduction(s), the commissioner shall consider:

(1) the size of the employer;

(2) the hardships imposed on employees by the violation;

(3) any efforts by the employer to mitigate the violation;

(4) the grounds for the employer's belief that its violation was made in the good faith belief that the failure to provide notice was not a violation of the Act;

(5) the employer's good faith cooperation with the commissioner's request for additional information necessary to their enforcement of the Act and this Part; and

(6) the truthfulness of the information provided in response to the commissioner's inquiries.

(c) The commissioner shall not have the authority to enjoin a plant closing, relocation, mass layoff, or covered reduction in work hours.

(d) Investigation. After reviewing the information gathered as set forth in this Part or the Act, the commissioner shall determine whether a violation of the Act has occurred. If the commissioner needs additional information to determine if a violation of the Act has occurred, the commissioner may either notify the employer or employer's agent in writing or convene an investigative conference to gather additional information. Upon receipt by the commissioner of written consent from the employer, the employer's agent may attend on the employer's behalf at the investigative conference. An employer may be accompanied at the investigative conference by an attorney or representative. The commissioner shall notify the employer or the employer's agent of the results of the investigation.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 921-7.1

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 6/21/2023