§ 75. Appeals. Any person in interest who is aggrieved by any
determination of the industrial commissioner with respect to an
application for or grant, denial or revocation of a dispensation under
this article may appeal to the New York state board of standards and
appeals. Such an appeal may be taken within twenty days after the date
notice of such determination is given to the applicant by such
commissioner. The applicant for the dispensation shall have the burden
of proving that the granting or continuance of a dispensation is
warranted in his particular case. The board is hereby authorized to
affirm, reverse or modify any determination of the industrial
commissioner under this article. The board shall order a hearing if it
deems a hearing necessary in order to enable it to decide the issues
raised. In a case where a hearing is not so ordered, the board may
decide the appeal upon written submissions. The determinations of the
board upon questions of fact shall be conclusive. Within twenty days
after notice of the determination of the board is given to the
applicant, an appeal may be taken upon questions of law to the appellate
division of the supreme court, third department. The filing of a
petition of appeal with the board of standards and appeals in accordance
with that board's rules of procedure, or the filing of a notice of
appeal with such court, shall not stay the determination of the
industrial commissioner under this article.