2006 New York Code - Powers Of The Fiscal Officer.

 
    §  234.  Powers  of  the  fiscal officer. 1. In addition to the powers
  enumerated elsewhere in this article, the fiscal officer shall have  the
  power:
    (a)  to  cause  an  investigation  to  be  made to determine the wages
  prevailing in  any  locality  in  all  crafts,  trades  and  occupations
  involved  in  service  work;  in  making  such investigation, the fiscal
  officer may utilize wage and fringe benefit data  from  various  sources
  including, but not limited to, data and determinations of federal, state
  or other governmental agencies;
    (b)  to  institute  and conduct inspections at the site of the work or
  elsewhere in aid of the effective administration and enforcement of  the
  provisions of this article;
    (c)  to  examine  the  books,  documents and records pertaining to the
  wages paid to, and the hours of work performed by, service employees;
    (d) to hold  the  hearings  provided  for  in  this  article,  and  in
  connection  therewith  to  issue subpoenas, administer oaths and examine
  witnesses.   The enforcement of a subpoena  issued  under  this  section
  shall be regulated by the civil practice law and rules;
    (e)  to  make  a  classification  by  craft,  trade or other generally
  recognized occupational category of the service employees  involved  and
  to  determine  whether  such work has been performed by the employees in
  such classification;
    (f) to require a contractor to file with the fiscal officer  a  record
  of  the  wages  actually paid by such contractor to the employees and of
  their hours of work;
    (g) to delegate any of the foregoing powers to  his  deputy  or  other
  authorized representative;
    (h)  to provide such reasonable limitations from any or all provisions
  of this article as he may  find  necessary  and  proper  in  the  public
  interest  or  to  avoid  serious impairment of the conduct of government
  business;
    (i) to propose, and after  public  hearing  held  before  him  or  his
  designee,  to  promulgate  such rules as he shall consider necessary for
  the  proper  execution  of  the  duties,  responsibilities  and   powers
  conferred  upon  him  by  the provisions of this article. Such rules may
  allow such reasonable variations, tolerances and exemptions to and  from
  any  or  all  provisions  of this article as the fiscal officer may find
  necessary and proper  in  the  public  interest,  or  to  avoid  serious
  impairment of the conduct of government business.
    2.  For  all  work for which the industrial commissioner is the fiscal
  officer, the industrial commissioner shall  additionally  have  all  the
  powers granted him elsewhere in this chapter.