Legal Research Home > New York Lawyer > Labor > New York Labor Law Section 103 - Limited Review Of Provisions Of Chapter And Of Rules, Regulations And Orders.



 
    § 103.  Limited  review  of  provisions  of  chapter  and  of  rules,
  regulations and orders. 1. Every provision of this chapter  and  of  the
  rules  and  regulations  made  in  pursuance  thereof,  and  every order
  directing compliance therewith, shall be valid unless  declared  invalid
  in a proceeding brought under the provisions of this chapter.  Except as
  otherwise  provided in this chapter, no court shall have jurisdiction to
  review or annul any such provision, rule,  regulation  or  order  or  to
  restrain or interfere with its enforcement.
    2.  Every  such  provision,  rule,  regulation  or  order  shall  in a
  prosecution or action to impose a penalty for its  violation  be  deemed
  valid unless prior thereto such provision, rule, regulation or order has
  been  revoked or modified by the board or annulled by a court, or unless
  a  proceeding  under  this  article  is  pending,  in  which  case   the
  prosecution  or  action  shall  be stayed by the court pending the final
  determination thereof.  If any such prosecution or action  is  commenced
  against  a defendant who has not previously been served with an order to
  comply with such provision, rule, regulation or order or  who  has  been
  served  with  such  an order but has not had a reasonable opportunity to
  comply therewith, and  if  within  five  days  the  defendant  commences
  proceedings  under  the  provisions  of this article, the prosecution or
  action shall be stayed as if such proceeding were pending at the time it
  was commenced. The provisions in  this  subdivision  relating  to  court
  stays  shall  be  subject  to any provision in any other section of this
  chapter relating to stays of proceedings or actions.

Last modified: July 30, 2006