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N.Y. Exec. Law § 295

General powers and duties of division

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2020). View current text →

§ 295. General powers and duties of division. The division, by and\nthrough the commissioner or his or her duly authorized officer or\nemployee, shall have the following functions, powers and duties:\n 1. To establish and maintain its principal office, and such other\noffices within the state as it may deem necessary.\n 2. To function at any place within the state.\n 3. To appoint such officers, attorneys, clerks and other employees and\nagents, consultants and special committees as it may deem necessary, fix\ntheir compensation within the limitations provided by law, and prescribe\ntheir duties.\n 4. To obtain upon request and utilize the services of all governmental\ndepartments and agencies.\n 5. To adopt, promulgate, amend and rescind suitable rules and\nregulations to carry out the provisions of this article, and the\npolicies and practices of the division in connection therewith.\n 6. (a) To receive, investigate and pass upon complaints alleging\nviolations of this article.\n (b) Upon its own motion, to test and investigate and to make, sign and\nfile complaints alleging violations of this article and to initiate\ninvestigations and studies to carry out the purposes of this article.\n 7. To hold hearings, to provide where appropriate for\ncross-interrogatories, subpoena witnesses, compel their attendance,\nadminister oaths, take the testimony of any person under oath, and in\nconnection therewith, to require the production for examination of any\nbooks or papers relating to any matter under investigation or in\nquestion before the division. The division may make rules as to the\nissuance of subpoenas which may be issued by the division at any stage\nof any investigation or proceeding before it.\n In any such investigation or hearing, the commissioner, or an officer\nduly designated by the commissioner to conduct such investigation or\nhearing, may confer immunity in accordance with the provisions of\nsection 50.20 of the criminal procedure law.\n 8. To create such advisory councils, local, regional or state-wide, as\nin its judgment will aid in effectuating the purposes of this article\nand of section eleven of article one of the constitution of this state,\nand the division may empower them to study the problems of\ndiscrimination in all or specific fields of human relationships or in\nspecific instances of discrimination because of age, race, creed, color,\nnational origin, sexual orientation, military status, sex, disability or\nmarital status and make recommendations to the division for the\ndevelopment of policies and procedures in general and in specific\ninstances. The advisory councils also shall disseminate information\nabout the division's activities to organizations and individuals in\ntheir localities. Such advisory councils shall be composed of\nrepresentative citizens, serving without pay, but with reimbursement for\nactual and necessary traveling expenses; and the division may make\nprovision for technical and clerical assistance to such councils and for\nthe expenses of such assistance.\n 9. To develop human rights plans and policies for the state and assist\nin their execution and to make investigations and studies appropriate to\neffectuate this article and to issue such publications and such results\nof investigations and research as in its judgement will tend to inform\npersons of the rights assured and remedies provided under this article,\nto promote good-will and minimize or eliminate discrimination because of\nage, race, creed, color, national origin, sexual orientation, military\nstatus, sex, disability or marital status.\n 10. To render each year to the governor and to the legislature a full\nwritten report of all its activities and of its recommendations.\n 11. To inquire into incidents of and conditions which may lead to\ntension and conflict among racial, religious and nationality groups and\nto take such action within the authority granted by law to the division,\nas may be designed to alleviate such conditions, tension and conflict.\n 12. To furnish any person with such technical assistance as the\ndivision deems appropriate to further compliance with the purposes or\nprovisions of this article.\n 13. To promote the creation of human rights agencies by counties,\ncities, villages or towns in circumstances the division deems\nappropriate.\n 14. To accept, with the approval of the governor, as agent of the\nstate, any grant, including federal grants, or any gift for any of the\npurposes of this article. Any moneys so received may be expended by the\ndivision to effectuate any purpose of this article, subject to the same\nlimitations as to approval of expenditures and audit as are prescribed\nfor state moneys appropriated for the purposes of this article.\n 15. To adopt an official seal.\n 16. To have concurrent jurisdiction with the New York city commission\non human rights over the administration and enforcement of title C of\nchapter one of the administrative code of the city of New York.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.