When a claim presents a novel or important question of law or a question of public policy, a referee before rendering his decision thereon may certify such question to the board. In such a case the referee shall develop the record on the question involved and submit to the board for determination his findings of fact and the question presented by the record for decision.
N.Y. Comp. Codes R. & Regs. Tit. 12 § 300.12