N.Y. Comp. Codes R. & Regs. tit. 12 § 803.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 803.10 - Modification, revocation and renewal of orders

(a) Modification or revocation.

(1) An order granting a temporary or permanent variance may be modified or revoked upon application by an affected employer, an employee or employee representative, or by the commissioner on his own motion, in the manner prescribed for its issuance under this subdivision at any time after six months from its issuance. The application shall include:

(i) the name and address of the applicant;

(ii) a description of the relief sought;

(iii) a statement setting forth with particularity the grounds for relief;

(iv) if the applicant is an employer, a certification that the applicant has informed its affected employees of the application by:

(a) giving a copy to their authorized representative;

(b) posting at the place or places where notices to employees are normally posted, the application or a statement giving a summary of the application and specifying where a copy of the application may be examined; and

(c) other appropriate means;

(v) if the applicant is an affected employee, a certification that a copy of the application has been furnished to the employer; and

(vi) any request for a hearing.

(2) The commissioner may on his own motion proceed to modify or revoke an order issued under section 27-a (8)(a) (b) or (c) of the Labor Law. In such event, the commissioner shall cause to be published in the State Register a notice of his intention, affording interested persons an opportunity to submit written data, views or arguments regarding the proposal and informing the affected employer and employees of their right to request a hearing, and shall take such other action as may be appropriate to give actual notice to affected employees. Any request for a hearing shall include a short and plain statement of:

(i) how the proposed modification or revocation would affect the requesting party; and

(ii) what the requesting party would seek to show on the subjects or issues involved.

(b) Renewal. No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter, except that such an order may be renewed not more than twice:

(1) so long as the requirements of this subdivision are met; and

(2) if an application for renewal is filed at least 90 days prior to the expiration date of the order. No interim renewal of an order may remain in effect for longer than 180 days.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 803.10