N.Y. Comp. Codes R. & Regs. tit. 12 § 70.10

Current through Register Vol. 46, No. 25, June 18, 2024

Section 70.10 - Security for stay (subdivisions 3 and 8 of sections 657 and 676)

(a) An application for a determination by the board, as to the sufficiency of security to cause an appeal to operate as a stay of the order or regulation, shall be made by filing with the board a separate written and verified petition identifying the appeal and setting forth:

(1) the name and address of the applicant;

(2) the number and employment classification(s) of affected employees;

(3) the pay periods of the affected employees during the stay;

(4) the wage per pay period proposed to be paid to affected employees during the stay;

(5) the wages per pay period that such employees would be entitled to receive under the terms of the order or regulation appealed from;

(6) the underpayments of each affected employee per pay period;

(7) the total proposed underpayment;

(8) the type of security proposed;

(9)

(i) the name and address of the issuing fidelity or surety company and the amount of the proposed bond; or

(ii) the name and address of the bank or trust company in which a proposed escrow account is established, and the amounts and schedule of deposits to be made into the escrow account; and

(10) such other allegations as may be relevant and proper.

(b) The petition shall not be accepted by the board for filing unless accompanied by proof that a copy thereof has been delivered or mailed to the Commissioner of Labor.

(c) The Commissioner of Labor on behalf of the board shall inspect the books and records of the applicant in respect to the allegations of the petition and report forthwith to the board and promptly serve a copy thereof upon the applicant. The petition shall be deemed true except as the Commissioner of Labor in her report may assert error therein, and may be amended or withdrawn by the applicant without prejudice.

(d) The determination of the board shall be made upon the petition, the report and such other evidence as the board may require, with or without a hearing in the board's discretion, and shall be effective from a date therein specified until further action by the board or decision of the appeal.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 70.10