2016 New York Laws
LAB - Labor
Article 3 - (Labor) ADMINISTRATIVE AND JUDICIAL REVIEW
103 - Limited review of provisions of chapter and of rules, regulations and orders.

NY Lab L § 103 (2016) What's This?

103. Limited review of provisions of chapter and of rules, regulations and orders. 1. Every provision of this chapter and of the rules and regulations made in pursuance thereof, and every order directing compliance therewith, shall be valid unless declared invalid in a proceeding brought under the provisions of this chapter. Except as otherwise provided in this chapter, no court shall have jurisdiction to review or annul any such provision, rule, regulation or order or to restrain or interfere with its enforcement.

2. Every such provision, rule, regulation or order shall in a prosecution or action to impose a penalty for its violation be deemed valid unless prior thereto such provision, rule, regulation or order has been revoked or modified by the board or annulled by a court, or unless a proceeding under this article is pending, in which case the prosecution or action shall be stayed by the court pending the final determination thereof. If any such prosecution or action is commenced against a defendant who has not previously been served with an order to comply with such provision, rule, regulation or order or who has been served with such an order but has not had a reasonable opportunity to comply therewith, and if within five days the defendant commences proceedings under the provisions of this article, the prosecution or action shall be stayed as if such proceeding were pending at the time it was commenced. The provisions in this subdivision relating to court stays shall be subject to any provision in any other section of this chapter relating to stays of proceedings or actions.


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