N.Y. LAB Law § 234

§ 234. Powers of the fiscal officer. 1. In addition to the powers\nenumerated elsewhere in this article, the fiscal officer shall have the\npower:\n (a) to cause an investigation to be made to determine the wages\nprevailing in any locality in all crafts, trades and occupations\ninvolved in service work; in making such investigation, the fiscal\nofficer may utilize wage and fringe benefit data from various sources\nincluding, but not limited to, data and determinations of federal, state\nor other governmental agencies;\n (b) to institute and conduct inspections at the site of the work or\nelsewhere in aid of the effective administration and enforcement of the\nprovisions of this article;\n (c) to examine the books, documents and records pertaining to the\nwages paid to, and the hours of work performed by, service employees;\n (d) to hold the hearings provided for in this article, and in\nconnection therewith to issue subpoenas, administer oaths and examine\nwitnesses. The enforcement of a subpoena issued under this section\nshall be regulated by the civil practice law and rules;\n (e) to make a classification by craft, trade or other generally\nrecognized occupational category of the service employees involved and\nto determine whether such work has been performed by the employees in\nsuch classification;\n (f) to require a contractor to file with the fiscal officer a record\nof the wages actually paid by such contractor to the employees and of\ntheir hours of work;\n (g) to delegate any of the foregoing powers to his deputy or other\nauthorized representative;\n (h) to provide such reasonable limitations from any or all provisions\nof this article as he may find necessary and proper in the public\ninterest or to avoid serious impairment of the conduct of government\nbusiness;\n (i) to propose, and after public hearing held before him or his\ndesignee, to promulgate such rules as he shall consider necessary for\nthe proper execution of the duties, responsibilities and powers\nconferred upon him by the provisions of this article. Such rules may\nallow such reasonable variations, tolerances and exemptions to and from\nany or all provisions of this article as the fiscal officer may find\nnecessary and proper in the public interest, or to avoid serious\nimpairment of the conduct of government business.\n 2. For all work for which the industrial commissioner is the fiscal\nofficer, the industrial commissioner shall additionally have all the\npowers granted him elsewhere in this chapter.\n