(a) Regular meetings of the Board shall be held monthly, except in the month of August, at the office of the Board [in Albany] in Schenectady, beginning at 10 o'clock in the forenoon on the third Tuesday of the month unless the third Tuesday is a legal holiday, in which event the regular meeting for that month shall be held on the Tuesday next following which is not a legal holiday. Notwithstanding the foregoing, the Board, at a regular meeting, or the Chair, in writing filed with the secretary, may provide that a particular subsequent regular meeting or meetings of the board may be held at any office of the Board at a time and day or days other than as above specified.

(b) In addition to the regular meetings, special meetings of the board may be called by the chair or by not less than five members. Each such call, whether by the chair or by five or more board members, shall be in writing, filed with the secretary, and shall state the business for which the special meeting is called. A copy of the call, together with notice of the place, date and hour of the meeting, shall be delivered [personally or mailed]as prescribed by the Chair to each board member not less than five business days prior to the date fixed for the special meeting.

(c) Notice of regular meetings shall not be required, except that if the place, date or hour of a regular meeting is changed by the chair as provided in subdivision (a) of this section, notice of the place, date or hour of the meeting shall be delivered [personally or mailed] as prescribed by the Chair to each board member not less than five business days prior to the date fixed for the regular meeting.

(d) The chair or, in his or her absence, the vice-chair shall preside at all board meetings. If at any board meeting neither the chair nor vice-chair shall be present, the members present shall designate one of the members to preside at such meeting.

(e) Business transacted at special meetings shall be confined to the business stated in the call, unless all board members shall consent to the transaction of additional or further items of business.

(f) At each regular meeting of the Board, the attorney responsible for overseeing adjudication, or his or her designee, shall report, orally or in writing, on the conduct and the status of the adjudication of claims by the Board, as the Board may require.

(g) Seven members present at any regular or special meeting shall constitute a quorum for the transaction of business, and no action shall be taken except by the assent of not less than seven members. Each member present at a meeting of the board shall vote on each question duly presented for action unless excused by the board, or unless he or she has a direct personal or pecuniary interest in the outcome of such question. An absent member may not be recorded as voting.

(h) The secretary shall keep minutes of all board meetings and provide the members with copies thereof.

1. Statutory authority: The Workers’ Compensation Board (hereinafter referred to as Board) is authorized to amend 12 NYCRR 300.27. Workers’ Compensation Law (WCL) Sections 141 and 117(1) authorize the Chair to adopt reasonable rules consistent with and supplemental to the provisions of the WCL.

2. Legislative objectives: The proposed amendment to 12 NYCRR Section 300.27 is in accordance with the Chair’s authority to set meetings, place sand times, in order to facilitate the efficient operation of the Board.

3. Needs and benefits: The purpose of the proposed amendment is to change the location of the executive offices of the Board to Schenectady (its current location) and to permit the Chair to convene Board members electronically as needed. This will facilitate efficient operation of the Board and eliminate delays due to travel impediments associated to Board members wide geographic disbursement.

4. Costs: The proposed amendment will not increase costs. It is anticipated that the proposed change may reduce costs by eliminating unnecessary travel expenses.

5. Local government mandates: The proposed amendment does not impose any mandate, duty or responsibility upon any municipality or governmental entity.

6. Paperwork: The proposed amendment does not increase any paperwork obligations on affected parties.

7. Duplication: There is no duplication of State or federal regulations or standards.

8. Alternatives: There were no significant alternative proposals under consideration. The Board could make no change. However, experience has shown that there are delays when all Board members must appear in person. As the Board has the needed technological capabilities to permit electronic appearances, there is no reason not to adopt a regulatory amendment to permit this change.

9. Federal standards: There are no applicable federal standards which address the standards contained in the proposed regulation.

10. Compliance schedule: It is believed that there are no compliance obligations associated other than an update to Board form(s).

1. Effect of rule: The proposed regulation will not affect employers, as defined in WCL § 2(3), including the State, municipal corporations, fire districts, public authorities and political subdivisions, who appear before the Board on matters relating to Workers’ Compensation claims. The rule does not impact small businesses or local governments as employers, though it is intended to enhance the efficiency of the workers’ compensation system by providing an alternative to the formal administrative review process.

2. Compliance requirements: The proposed regulation does not require any action by small businesses or local governments. The proposed regulation does not impose or require any reporting requirements or additional paperwork on the part of small businesses or local government.

3. Professional services: Small businesses and local governments will not have to engage any professional services as a result of the proposed regulation.

4. Compliance costs: Small businesses and local governments will not incur any compliance costs as a result of this proposed regulation.

5. Economic and technological feasibility: Small businesses and local governments will not incur any capital costs or annual operating costs or be required to purchase or update technological equipment as a result of the proposed regulation.

6. Minimizing adverse impact: The proposed regulation will have no adverse economic impact on small businesses or local governments.

7. Small business and local government participation: Although the proposed regulation does not adversely impact on public or private entities, the Board requested comment on the proposed regulation from the Business Council of New York State.

1. Types and estimated numbers of rural areas: The proposed regulation should not affect employers, as defined in WCL § 2(3), in rural areas, including municipal corporations, fire districts, public authorities and political subdivisions, who appear before the Board on matters relating to Workers’ Compensation claims.

2. Reporting, recordkeeping and other compliance requirements; and professional services: The proposed regulation does not require any action whatsoever by small businesses or local governments in rural areas. The proposed regulation does not impose or require any reporting requirements or additional paperwork on the part of small businesses or local governments in rural areas. Small businesses and local governments in rural areas will not have to engage any professional services as a result of the proposed regulation.

3. Costs: Small businesses and local governments in rural areas will not incur any capital costs, annual operating costs or any compliance costs as a result of the proposed regulation.

4. Minimizing adverse impact: The proposed regulation will have no adverse economic impact on small businesses or local governments in rural areas.

5. Rural area participation: Because the proposed amendment should have no impact on rural areas, the Board has not conducted outreach regarding the proposed amendment.

The proposed rule will not have an adverse impact on jobs. The proposed rule amends Section 300.27 of 12 NYCRR to provide an alternative process for the prompt resolution of administrative appeals. The rule does not eliminate any existing process, procedure, or program, and will not result in an adverse impact on jobs.