Section 150. Referees and secretary  


Latest version.
  • (a) The chair shall appoint as many
      persons as may be  necessary  to  be  referees  to  perform  the  duties
      prescribed  by  this  section. All positions of referee now in existence
      shall remain in the exempt class of the classified civil service, except
      as  otherwise  provided  herein.  The  term  of  referees  appointed  to
      positions  in  the  exempt  class  shall be seven years from the date of
      appointment; provided, however, that referees  may  be  removed  by  the
      chair  for cause after notice of charges and an opportunity to be heard.
      A newly created position of referee, or one that has been vacated, shall
      be classified in the competitive class of the  classified  service,  and
      the   term   of  office  prescribed  herein  shall  not  apply  to  such
      appointments; provided, however, that those who are serving  in  referee
      positions  on  the  date  that this act becomes effective whose term has
      already expired or whose term expires on or after  such  effective  date
      may,  in the discretion of the appointing authority, be retained in that
      position until the expiration of the eligible list  established  as  the
      result  of  the next competitive examination appropriate for such title,
      held after January first, nineteen hundred  ninety-one  or  may,  before
      such time, be appointed from such eligible list.
        A  referee  shall  devote his or her entire time to the duties of that
      office and shall not hold any other public office or  public  employment
      for which compensation is received, other than necessary travel or other
      expenses  incurred  in  the  performance of the duties of such office or
      employment, and may engage in any employment that does not conflict with
      the proper performance of the duties of his or her  office  and  is  not
      inconsistent  with  the  public  officers law. Referees shall receive an
      annual salary to be fixed by the chair  within  the  appropriation  made
      therefor.
        (b)  It  shall  be  the  duty of a referee, under rules adopted by the
      board, to hear and determine claims for  compensation,  and  to  conduct
      such  hearings and investigations and to make such orders, decisions and
      determinations as may be required by any  general  or  special  rule  or
      order of the board under the provisions of this chapter. The decision of
      a referee on such a claim shall be deemed the decision of the board from
      the  date  of  the  filing thereof in the office of the secretary of the
      board unless the board, on its own motion or on application duly made to
      it, modify or rescind such decision. Whenever any deaf person is a party
      to a hearing conducted before a  referee,  or  a  witness  therein,  the
      referee  shall  in  all instances appoint a qualified interpreter who is
      certified by a recognized  national  or  New  York  state  credentialing
      authority to interpret the proceedings to and the testimony of such deaf
      person.  The  board  shall  determine  a  reasonable  fee  for  all such
      interpreting  services,  the  cost  of   which   shall   constitute   an
      administrative expense.
        (c)  Notwithstanding  any  other  provisions  of  this  section to the
      contrary, the chair may establish a list of board employees qualified by
      training or experience to serve as acting referees. When  the  chair  or
      his  or  her  duly  designated  representative  shall  determine  that a
      temporary emergency exists, he, she or said representative may assign an
      employee from such list to  serve  as  an  acting  referee  during  such
      temporary  emergency.  Such  board  employee  qualified  by  training or
      experience shall serve without additional compensation  and  shall  have
      all the powers and duties of a duly appointed referee.
        (d) There shall be a secretary of the board who shall be appointed and
      may  be  removed by the board. The board shall fix his salary within the
      limits of the appropriations therefor. The secretary shall perform  such
      duties in connection with meetings of the board and such other duties as
      may  be  assigned to him by the board. He shall also perform such of the
    
      administrative duties and have such of the administrative powers of  the
      chairman  of  the  board  as  may be delegated or assigned to him by the
      chairman.