12 CRR-NY 70.11NY-CRR
12 CRR-NY 70.11
12 CRR-NY 70.11
70.11 Waiver of security (subdivisions 7 of sections 657 and 676).
(a) An application for waiver of security to cause an appeal to operate as a stay 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 the employees affected;
(3) the pay periods of the affected employees during the stay;
(4) the wages per pay period proposed to be paid to the 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 total proposed underpayment; and
(7) such facts as may tend to establish that applicant is of such financial responsibility that payment of the proposed underpayment is assured if required. The total of the proposed underpayments may be calculated upon the assumption that the appeal will be decided by the board within 45 days after the expiration of the time for filing a petition.
(b) The applicant shall file the original and three conformed copies of the petition with the board at its Albany office.
(c) The board shall serve a copy of the petition on the Commissioner of Labor, who shall serve, and file with the board, with proof of service, an answer to the petition within 10 days after such service by the board.
(d) The determination of the board shall be made upon the petition, the answer 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.
12 CRR-NY 70.11
Current through March 15, 2022
| End of Document |
IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.