2012 New York Consolidated Laws
EXC - Executive
Article 15 - (290 - 301) HUMAN RIGHTS LAW
295 - General powers and duties of division.


NY Exec L § 295 (2012) What's This?
 
    § 295. General  powers  and  duties  of division. The division, by and
  through the commissioner or  his  or  her  duly  authorized  officer  or
  employee, shall have the following functions, powers and duties:
    1.  To  establish  and  maintain  its principal office, and such other
  offices within the state as it may deem necessary.
    2. To function at any place within the state.
    3. To appoint such officers, attorneys, clerks and other employees and
  agents, consultants and special committees as it may deem necessary, fix
  their compensation within the limitations provided by law, and prescribe
  their duties.
    4. To obtain upon request and utilize the services of all governmental
  departments and agencies.
    5.  To  adopt,  promulgate,  amend  and  rescind  suitable  rules  and
  regulations  to  carry  out  the  provisions  of  this  article, and the
  policies and practices of the division in connection therewith.
    6. (a) To receive,  investigate  and  pass  upon  complaints  alleging
  violations of this article.
    (b) Upon its own motion, to test and investigate and to make, sign and
  file  complaints  alleging  violations  of  this article and to initiate
  investigations and studies to carry out the purposes of this article.
    7.   To   hold   hearings,   to   provide   where   appropriate    for
  cross-interrogatories,  subpoena  witnesses,  compel  their  attendance,
  administer oaths, take the testimony of any person under  oath,  and  in
  connection  therewith,  to require the production for examination of any
  books or papers  relating  to  any  matter  under  investigation  or  in
  question  before  the  division.  The  division may make rules as to the
  issuance of subpoenas which may be issued by the division at  any  stage
  of any investigation or proceeding before it.
    In  any such investigation or hearing, the commissioner, or an officer
  duly designated by the commissioner to  conduct  such  investigation  or
  hearing,  may  confer  immunity  in  accordance  with  the provisions of
  section 50.20 of the criminal procedure law.
    8. To create such advisory councils, local, regional or state-wide, as
  in its judgment will aid in effectuating the purposes  of  this  article
  and  of section eleven of article one of the constitution of this state,
  and  the  division  may  empower  them  to   study   the   problems   of
  discrimination  in  all  or specific fields of human relationships or in
  specific instances of discrimination because of age, race, creed, color,
  national origin, sexual orientation, military status, sex, disability or
  marital  status  and  make  recommendations  to  the  division  for  the
  development  of  policies  and  procedures  in  general  and in specific
  instances. The advisory  councils  also  shall  disseminate  information
  about  the  division's  activities  to  organizations and individuals in
  their  localities.  Such  advisory  councils  shall   be   composed   of
  representative citizens, serving without pay, but with reimbursement for
  actual  and  necessary  traveling  expenses;  and  the division may make
  provision for technical and clerical assistance to such councils and for
  the expenses of such assistance.
    9. To develop human rights plans and policies for the state and assist
  in their execution and to make investigations and studies appropriate to
  effectuate this article and to issue such publications and such  results
  of  investigations  and research as in its judgement will tend to inform
  persons of the rights assured and remedies provided under this  article,
  to promote good-will and minimize or eliminate discrimination because of
  age,  race,  creed, color, national origin, sexual orientation, military
  status, sex, disability or marital status.
    10. To render each year to the governor and to the legislature a  full
  written report of all its activities and of its recommendations.

    11.  To  inquire  into  incidents  of and conditions which may lead to
  tension and conflict among racial, religious and nationality groups  and
  to take such action within the authority granted by law to the division,
  as may be designed to alleviate such conditions, tension and conflict.
    12.  To  furnish  any  person  with  such  technical assistance as the
  division deems appropriate to further compliance with  the  purposes  or
  provisions of this article.
    13.  To  promote  the  creation  of human rights agencies by counties,
  cities,  villages  or  towns  in  circumstances   the   division   deems
  appropriate.
    14.  To  accept,  with  the  approval of the governor, as agent of the
  state, any grant, including federal grants, or any gift for any  of  the
  purposes  of this article. Any moneys so received may be expended by the
  division to effectuate any purpose of this article, subject to the  same
  limitations  as  to approval of expenditures and audit as are prescribed
  for state moneys appropriated for the purposes of this article.
    15. To adopt an official seal.
    16. To have concurrent jurisdiction with the New York city  commission
  on  human  rights  over the administration and enforcement of title C of
  chapter one of the administrative code of the city of New York.

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