§ 103 — Limited review of provisions of chapter and of rules, regulations and orders

New York § 103

• Jurisdiction: New York
• Law LAB: Labor
• Art. 3: Administrative and Judicial Review

Text

§ 103. Limited review of provisions of chapter and of rules,\nregulations and orders. 1. Every provision of this chapter and of the\nrules and regulations made in pursuance thereof, and every order\ndirecting compliance therewith, shall be valid unless declared invalid\nin a proceeding brought under the provisions of this chapter. Except as\notherwise provided in this chapter, no court shall have jurisdiction to\nreview or annul any such provision, rule, regulation or order or to\nrestrain or interfere with its enforcement.\n 2. Every such provision, rule, regulation or order shall in a\nprosecution or action to impose a penalty for its violation be deemed\nvalid unless prior thereto such provision, rule, regulation or order has\nbeen revoked or modified by the board or annulled by a court, or unless\na proceeding under this article is pending, in which case the\nprosecution or action shall be stayed by the court pending the final\ndetermination thereof. If any such prosecution or action is commenced\nagainst a defendant who has not previously been served with an order to\ncomply with such provision, rule, regulation or order or who has been\nserved with such an order but has not had a reasonable opportunity to\ncomply therewith, and if within five days the defendant commences\nproceedings under the provisions of this article, the prosecution or\naction shall be stayed as if such proceeding were pending at the time it\nwas commenced. The provisions in this subdivision relating to court\nstays shall be subject to any provision in any other section of this\nchapter relating to stays of proceedings or actions.\n