Legislation
SECTION 534-D
General powers of the commission
Executive (EXC) CHAPTER 18, ARTICLE 19-I
§ 534-d. General powers of the commission. In addition to the powers
and duties elsewhere prescribed herein, the commission shall have the
power:
1. To have a seal and alter the same at pleasure.
2. To determine the location, size and suitability of accommodations
necessary and desirable for the establishment and maintenance of the
employment information centers provided in section five hundred
thirty-four-o of this article and for administrative offices for the
commission.
3. To administer and enforce the provisions of this act.
4. To promulgate and enforce such rules and regulations as the
commission may deem necessary to effectuate the purposes of this act or
to prevent the circumvention or evasion thereof. As used in this act,
"regulations" include those rules and regulations of the bi-state
commission which shall continue in effect as the rules and regulations
of the commission until amended, supplemented, or rescinded by the
commission pursuant to the state administrative procedure act.
Previously promulgated regulations inconsistent with the provisions of
this act shall be deemed void. No later than one hundred eighty days
after this act shall have become law, the commission shall commence
review of its regulations in order to recommend necessary changes. In
its review, the commission shall consult with relevant employers and
labor organizations.
5. To appoint such officers, agents and employees as it may deem
necessary, prescribe their powers, duties and qualifications and fix
their compensation and retain and employ counsel and private consultants
on a contract basis or otherwise, within the limits provided by
appropriation.
6. By its commissioner and its properly designated officers, agents
and employees, to administer oaths and issue subpoenas to compel the
attendance of witnesses and the giving of testimony and the production
of other evidence.
7. To have for its commissioner and its properly designated officers,
agents and employees, full and free access, ingress and egress to and
from all vessels, piers and other waterfront terminals or other places
in the port of New York district in this state, for the purposes of
making inspection or enforcing the provisions of this act; and no person
shall obstruct or in any way interfere with any such commissioner,
officer, employee or agent in the making of such inspection, or in the
enforcement of the provisions of this act or in the performance of any
other power or duty under this act.
8. To recover possession of any suspended or revoked license issued
under this act.
9. To make investigations, collect and compile information concerning
waterfront practices generally within the port of New York district in
this state and upon all matters relating to the accomplishment of the
objectives of this act.
10. To advise and consult with representatives of labor and industry
and with public officials and agencies concerned with the effectuation
of the purposes of this act, upon all matters which the commission may
desire, including but not limited to the form and substance of rules and
regulations, the administration of the act, maintenance of the longshore
workers' register, and issuance and revocation of licenses.
11. To make annual and other reports to the governor and legislature.
12. To cooperate with and receive from any department, division,
bureau, board, commission, or agency of this state, or of any county or
municipality thereof, such assistance and data as will enable it
properly to carry out its powers and duties hereunder; and to request
any such department, division, bureau, board, commission, or agency,
with the consent thereof, to execute such of its functions and powers,
as the public interest may require.
13. To designate officers, employees and agents who may exercise the
powers and duties of the commission except the power to make rules and
regulations. Notwithstanding any other provision of law, the officers,
employees and agents of the commission established by this act may be
appointed or employed without regard to their state of residence.
14. To issue temporary permits and permit temporary registrations
under such terms and conditions as the commission may prescribe which
shall be valid for a period to be fixed by the commission not in excess
of six months.
15. To require any applicant for a license or registration or any
prospective licensee to furnish such facts and evidence as the
commission may deem appropriate to enable it to ascertain whether the
license or registration should be granted.
16. In any case in which the commission has the power to revoke or
suspend any stevedore license the commission shall also have the power
to impose as an alternative to such revocation or suspension, a penalty,
which the licensee may elect to pay to the commission in lieu of the
revocation or suspension. The maximum penalty shall be five thousand
dollars for each separate offense. The commission may, for good cause
shown, abate all or part of such penalty.
17. To designate any officer, agent or employee of the commission to
be an investigator who shall be vested with all the powers of a peace or
police officer of the state of New York.
18. To confer immunity, in the manner prescribed by subdivision one of
section five hundred thirty-four-v of this article.
19. To require any applicant for registration as a longshore worker,
any applicant for registration as a checker or any applicant for
registration as a telecommunications system controller and any person
who is sponsored for a license as a pier superintendent or hiring agent,
any person who is an individual owner of an applicant stevedore or any
persons who are individual partners of an applicant stevedore, or any
officers, directors or stockholders owning five percent or more of any
of the stock of an applicant corporate stevedore or any applicant for a
license as a security officer or any other category of applicant for
registration or licensing within the commission's jurisdiction to be
fingerprinted by the commission at the cost and expense of the
applicant.
20. To exchange fingerprint data with and receive state criminal
history record information from the division of criminal justice
services and federal criminal history record information from the
federal bureau of investigation for use in making the determinations
required by this act.
21. Notwithstanding any other provision of law to the contrary, to
require any applicant for employment or employee of the commission to be
fingerprinted and to exchange fingerprint data with and receive state
criminal history record information from the division of criminal
justice services and federal criminal history information from the
federal bureau of investigation for use in the hiring or retention of
such person.
22. To cooperate with a similar entity established in the state of New
Jersey, to exchange information on any matter pertinent to the purposes
of this act, and to, in its discretion, enter into reciprocal agreements
for the accomplishment of such purposes, including but not limited to
the following objectives:
(a) To give reciprocal effect to any approval, revocation, suspension
or reprimand with respect to any licensee, and any inclusion in, or
reprimand or removal from a longshore workers' register;
(b) To provide that any act or omission by a licensee or registrant in
either state which would be a basis for disciplinary action against such
licensee or registrant if it occurred in the state in which the license
was issued or the person registered shall be the basis for disciplinary
action in both states; and
(c) To provide that longshore workers registered in either state, who
perform work or who apply for work at an employment information center
within the other state, shall be deemed to have performed work or to
have applied for work in the state in which they are registered.
and duties elsewhere prescribed herein, the commission shall have the
power:
1. To have a seal and alter the same at pleasure.
2. To determine the location, size and suitability of accommodations
necessary and desirable for the establishment and maintenance of the
employment information centers provided in section five hundred
thirty-four-o of this article and for administrative offices for the
commission.
3. To administer and enforce the provisions of this act.
4. To promulgate and enforce such rules and regulations as the
commission may deem necessary to effectuate the purposes of this act or
to prevent the circumvention or evasion thereof. As used in this act,
"regulations" include those rules and regulations of the bi-state
commission which shall continue in effect as the rules and regulations
of the commission until amended, supplemented, or rescinded by the
commission pursuant to the state administrative procedure act.
Previously promulgated regulations inconsistent with the provisions of
this act shall be deemed void. No later than one hundred eighty days
after this act shall have become law, the commission shall commence
review of its regulations in order to recommend necessary changes. In
its review, the commission shall consult with relevant employers and
labor organizations.
5. To appoint such officers, agents and employees as it may deem
necessary, prescribe their powers, duties and qualifications and fix
their compensation and retain and employ counsel and private consultants
on a contract basis or otherwise, within the limits provided by
appropriation.
6. By its commissioner and its properly designated officers, agents
and employees, to administer oaths and issue subpoenas to compel the
attendance of witnesses and the giving of testimony and the production
of other evidence.
7. To have for its commissioner and its properly designated officers,
agents and employees, full and free access, ingress and egress to and
from all vessels, piers and other waterfront terminals or other places
in the port of New York district in this state, for the purposes of
making inspection or enforcing the provisions of this act; and no person
shall obstruct or in any way interfere with any such commissioner,
officer, employee or agent in the making of such inspection, or in the
enforcement of the provisions of this act or in the performance of any
other power or duty under this act.
8. To recover possession of any suspended or revoked license issued
under this act.
9. To make investigations, collect and compile information concerning
waterfront practices generally within the port of New York district in
this state and upon all matters relating to the accomplishment of the
objectives of this act.
10. To advise and consult with representatives of labor and industry
and with public officials and agencies concerned with the effectuation
of the purposes of this act, upon all matters which the commission may
desire, including but not limited to the form and substance of rules and
regulations, the administration of the act, maintenance of the longshore
workers' register, and issuance and revocation of licenses.
11. To make annual and other reports to the governor and legislature.
12. To cooperate with and receive from any department, division,
bureau, board, commission, or agency of this state, or of any county or
municipality thereof, such assistance and data as will enable it
properly to carry out its powers and duties hereunder; and to request
any such department, division, bureau, board, commission, or agency,
with the consent thereof, to execute such of its functions and powers,
as the public interest may require.
13. To designate officers, employees and agents who may exercise the
powers and duties of the commission except the power to make rules and
regulations. Notwithstanding any other provision of law, the officers,
employees and agents of the commission established by this act may be
appointed or employed without regard to their state of residence.
14. To issue temporary permits and permit temporary registrations
under such terms and conditions as the commission may prescribe which
shall be valid for a period to be fixed by the commission not in excess
of six months.
15. To require any applicant for a license or registration or any
prospective licensee to furnish such facts and evidence as the
commission may deem appropriate to enable it to ascertain whether the
license or registration should be granted.
16. In any case in which the commission has the power to revoke or
suspend any stevedore license the commission shall also have the power
to impose as an alternative to such revocation or suspension, a penalty,
which the licensee may elect to pay to the commission in lieu of the
revocation or suspension. The maximum penalty shall be five thousand
dollars for each separate offense. The commission may, for good cause
shown, abate all or part of such penalty.
17. To designate any officer, agent or employee of the commission to
be an investigator who shall be vested with all the powers of a peace or
police officer of the state of New York.
18. To confer immunity, in the manner prescribed by subdivision one of
section five hundred thirty-four-v of this article.
19. To require any applicant for registration as a longshore worker,
any applicant for registration as a checker or any applicant for
registration as a telecommunications system controller and any person
who is sponsored for a license as a pier superintendent or hiring agent,
any person who is an individual owner of an applicant stevedore or any
persons who are individual partners of an applicant stevedore, or any
officers, directors or stockholders owning five percent or more of any
of the stock of an applicant corporate stevedore or any applicant for a
license as a security officer or any other category of applicant for
registration or licensing within the commission's jurisdiction to be
fingerprinted by the commission at the cost and expense of the
applicant.
20. To exchange fingerprint data with and receive state criminal
history record information from the division of criminal justice
services and federal criminal history record information from the
federal bureau of investigation for use in making the determinations
required by this act.
21. Notwithstanding any other provision of law to the contrary, to
require any applicant for employment or employee of the commission to be
fingerprinted and to exchange fingerprint data with and receive state
criminal history record information from the division of criminal
justice services and federal criminal history information from the
federal bureau of investigation for use in the hiring or retention of
such person.
22. To cooperate with a similar entity established in the state of New
Jersey, to exchange information on any matter pertinent to the purposes
of this act, and to, in its discretion, enter into reciprocal agreements
for the accomplishment of such purposes, including but not limited to
the following objectives:
(a) To give reciprocal effect to any approval, revocation, suspension
or reprimand with respect to any licensee, and any inclusion in, or
reprimand or removal from a longshore workers' register;
(b) To provide that any act or omission by a licensee or registrant in
either state which would be a basis for disciplinary action against such
licensee or registrant if it occurred in the state in which the license
was issued or the person registered shall be the basis for disciplinary
action in both states; and
(c) To provide that longshore workers registered in either state, who
perform work or who apply for work at an employment information center
within the other state, shall be deemed to have performed work or to
have applied for work in the state in which they are registered.