§ 150. Referees and secretary.
(a)The chair shall appoint as many\npersons as may be necessary to be referees to perform the duties\nprescribed by this section. All positions of referee now in existence\nshall remain in the exempt class of the classified civil service, except\nas otherwise provided herein. The term of referees appointed to\npositions in the exempt class shall be seven years from the date of\nappointment; provided, however, that referees may be removed by the\nchair for cause after notice of charges and an opportunity to be heard.\nA newly created position of referee, or one that has been vacated, shall\nbe classified in the competitive class of the classified service, and\nthe term of office prescribed herein shall not apply to such\nappointments; provided, however, tha
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§ 150. Referees and secretary. (a) The chair shall appoint as many\npersons as may be necessary to be referees to perform the duties\nprescribed by this section. All positions of referee now in existence\nshall remain in the exempt class of the classified civil service, except\nas otherwise provided herein. The term of referees appointed to\npositions in the exempt class shall be seven years from the date of\nappointment; provided, however, that referees may be removed by the\nchair for cause after notice of charges and an opportunity to be heard.\nA newly created position of referee, or one that has been vacated, shall\nbe classified in the competitive class of the classified service, and\nthe term of office prescribed herein shall not apply to such\nappointments; provided, however, that those who are serving in referee\npositions on the date that this act becomes effective whose term has\nalready expired or whose term expires on or after such effective date\nmay, in the discretion of the appointing authority, be retained in that\nposition until the expiration of the eligible list established as the\nresult of the next competitive examination appropriate for such title,\nheld after January first, nineteen hundred ninety-one or may, before\nsuch time, be appointed from such eligible list.\n A referee shall devote his or her entire time to the duties of that\noffice and shall not hold any other public office or public employment\nfor which compensation is received, other than necessary travel or other\nexpenses incurred in the performance of the duties of such office or\nemployment, and may engage in any employment that does not conflict with\nthe proper performance of the duties of his or her office and is not\ninconsistent with the public officers law. Referees shall receive an\nannual salary to be fixed by the chair within the appropriation made\ntherefor.\n (b) It shall be the duty of a referee, under rules adopted by the\nboard, to hear and determine claims for compensation, and to conduct\nsuch hearings and investigations and to make such orders, decisions and\ndeterminations as may be required by any general or special rule or\norder of the board under the provisions of this chapter. The decision of\na referee on such a claim shall be deemed the decision of the board from\nthe date of the filing thereof in the office of the secretary of the\nboard unless the board, on its own motion or on application duly made to\nit, modify or rescind such decision. Whenever any deaf person is a party\nto a hearing conducted before a referee, or a witness therein, the\nreferee shall in all instances appoint a qualified interpreter who is\ncertified by a recognized national or New York state credentialing\nauthority to interpret the proceedings to and the testimony of such deaf\nperson. The board shall determine a reasonable fee for all such\ninterpreting services, the cost of which shall constitute an\nadministrative expense.\n (c) Notwithstanding any other provisions of this section to the\ncontrary, the chair may establish a list of board employees qualified by\ntraining or experience to serve as acting referees. When the chair or\nhis or her duly designated representative shall determine that a\ntemporary emergency exists, he, she or said representative may assign an\nemployee from such list to serve as an acting referee during such\ntemporary emergency. Such board employee qualified by training or\nexperience shall serve without additional compensation and shall have\nall the powers and duties of a duly appointed referee.\n (d) There shall be a secretary of the board who shall be appointed and\nmay be removed by the board. The board shall fix his salary within the\nlimits of the appropriations therefor. The secretary shall perform such\nduties in connection with meetings of the board and such other duties as\nmay be assigned to him by the board. He shall also perform such of the\nadministrative duties and have such of the administrative powers of the\nchairman of the board as may be delegated or assigned to him by the\nchairman.\n