§ 295 — General powers and duties of division

New York § 295

• Jurisdiction: New York
• Law EXC: Executive
• Art. 15: Human Rights Law

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§ 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, gender identity or expression,\nmilitary status, sex, disability or marital status and make\nrecommendations to the division for the development of policies and\nprocedures in general and in specific instances. The advisory councils\nalso shall disseminate information about the division's activities to\norganizations and individuals in their localities. Such advisory\ncouncils shall be composed of representative citizens, serving without\npay, but with reimbursement for actual and necessary traveling expenses;\nand the division may make provision for technical and clerical\nassistance to such councils and for the 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, gender\nidentity or expression, military status, sex, disability or marital\nstatus.\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 17. To establish a dedicated telephone line to provide assistance to\nindividuals with complaints of housing discrimination. Such assistance\nshall include, but not be limited to, directing individuals to resources\navailable to the public regarding housing discrimination. The division\nshall operate such dedicated telephone line during regular business\nhours and shall post the telephone number for such dedicated phone line\non the website of the division. The commissioner is hereby authorized\nand directed to promulgate rules and regulations to effectuate the\npurposes of this subdivision.\n 18. To establish a toll free confidential hotline to provide\nindividuals with complaints of workplace sexual harassment counsel and\nassistance. The division shall operate this hotline during regular\nbusiness hours and disseminate information about this hotline in order\nto ensure public knowledge of the hotline, including by working with the\ndepartment of labor to ensure that information on the hotline is\nincluded in any materials employers must post or provide to employees\nregarding sexual harassment. The division will work with organizations\nrepresenting attorneys, including but not limited to the New York state\nbar association, to recruit attorneys experienced in providing counsel\nrelated to sexual harassment matters who can provide pro bono assistance\nand counsel to individuals that contact the hotline. The hotline shall\ncomply with all of the requirements for a program operated under the New\nYork Rules of Professional Conduct, 12 NYCRR, Rule 6.5 (Participation in\nlimited pro bono legal service programs). Attorneys may not solicit, or\npermit employees or agents of the attorneys to solicit on the attorney's\nbehalf, further representation of any individuals they advise through\nthe hotline relating to discussed sexual harassment complaint.\n