WATERFRONT COMMISSION OF NEW YORK …

1 WATERFRONT COMMISSION OF NEW york harbor RULES AND REGULATIONS _____ EXPLANATORY NOTE The following rules and regulations have been promulgated by the WATERFRONT COMMISSION of New york harbor , an instrumentality of the States of New york and New Jersey, pursuant to the authority of the WATERFRONT COMMISSION Act, Part I, Article IV, Section 7 [New york L. 1953, ch 882; New Jersey L. 1953, ch. 202], and are on file with the Secretary of State, State of New york , Albany, New york , and the Secretary of State, State of New Jersey, Trenton, New Jersey. These rules and regulations are produced herein in the form in which they have been published by the Department of State of the State of New york (see, Official Complication of Codes, Rules and Regulations of the State of New york , Title 21, Miscellaneous, Chapter I, WATERFRONT COMMISSION of New york harbor ).

2 These rules and regulation have also been published by the State of New Jersey (see, New Jersey Administrative Code, Title 19, Other Agencies, Subtitle AA, WATERFRONT COMMISSION of New york harbor ). The publication of the WATERFRONT COMMISSION rules and regulations in the State of New Jersey Administrative Code reproduces the chapter codification and text as published in Title 21 of the New york code, with the exception of the pagination and supplement date notation, at the bottom of each page, which conform to the style standards of the New Jersey Administrative Code. INDEX Section APPLICATION AND REVOCATIONS PROCEEDINGS et seq. Adjournments Administrative judge generally oral argument petitions to reopen hearing powers , reports and exceptions thereto subpoenas , Affidavits Appearance Attorney, representation by Briefs Cross-examination Denial, application after Dismissal without prejudice Final determination Hearing administering of oaths affidavits conduct of cross-examination evidence , petition to reopen record of hearing subpoenas , sworn statements testimony to be public Hearing officer--see Administrative judge, this topic Institution of proceedings Interrogatories Notice of hearing amendment of service of Opportunity to be heard.

3 Oral argument Orders of COMMISSION service of Personal appearance Petitions for leave to reapply for probationary registration or license i for reconsideration for rehearing for restoration service of to remove ineligibility to reopen hearing withdrawal Subpoenas , Transcript, purchase of APPLICATIONS--see LICENSES AND REGISTRATIONS ARREST, NOTIFICATION AFTER ASSESSMENTS et seq. Assessment returns, filing Computation Deficiency, notice Extension of time for filing return or paying assessment Failure to file return Gross payroll payments computations Incorrect return Partial assessment of corporate officers licensed as pier superintendents and hiring agents Payment of assessments Penalties and interest Petition for hearing on deficiency ATTORNEY--see COUNSEL CHANGE OF ADDRESS CHECKERS--see LICENSES AND REGISTRATIONS CONFIDENTIAL RECORDS COUNSEL At COMMISSION interview investigation Representation by, at hearings DECASUALIZATION et seq.

4 Application at center for employment Audit of availability for work Failure to work or be available for work Notice before removal Reinstatement, requirements DEFINITIONS, GENERAL EMERGENCY USE OF PERSONS NOT REGISTERED , FEES Requests for information Subpoena ii Transcript of hearing HIRING AGENTS--see LICENSES AND REGISTRATIONS HIRING REGULATIONS FOR REGISTRANTS et seq. Absenteeism of employees Additional gangs Additions to regular lists Availibility for employment regular working days weekend and holidays other weekday Availibility of documents, tapes, disks and other data Construction Corrections and restorations to lists Decasualization see DECASUALIZATION Definitions area borough extra gang gang New pier re-activated pier regular and regular-extra gang followers regular employees regular-extra gang regular gang regular work day section supervisory employee telecommunication systems controller voluntary gang workday Employee listings et seq.

5 Priorities--see Priorities, this topic Employees and employers subject to regulations Employment opportunities, reporting Extension of employment Gangs new gangs priorities--see Priorities, this topic recall removal from register voluntary--see Voluntary gangs, this topic Hiring procedures et seq. Lists--see Regular lists, this topic Longshoremen's register Maintaining records iii Monitoring, telephone calls New piers--see Reactivated and new piers, this topic Obtaining employment information Ordering from regular lists cancellation (g) time for (a), (b), (c) time for, day following holiday (e) time for, Saturday, Sunday, Monday (d) Ordering of additional gangs time for (a), (b), Ordering through THEIC (c) Pier guard, pier security officers et seq. Pier superintendent and hiring agent Prevalidation Prior day ordering registrants prevalidated registrants not prevalidated Priorities et seq.

6 Construction ordering by special agreement ordering employees through THEIC pier guards et seq. regular employee lists for new piers regular employee lists for reactivated piers regular gang lists for new piers regular gang lists for reactivated piers replacements and additions to checker and clerk lists replacements and additions to regular employee lists replacements in gangs and the formation of new gangs replacements in voluntary gangs sections Prohibited conduct et seq. damaging property defacing property distribution disturbance gambling loitering posting signs selection or identification of hiring agents or pier Superintendents iv selling merchandise solicitation of contributions solicitation of employment soliciting unauthorized conduct in employment information center unauthorized hiring and solicitation of employment unauthorized participation in hiring Quick registration Re-activated and new piers et seq.

7 Lists, prior publication of notice for establishing regular lists prior lists, publication priorities, see Priorities, this topic regular employee lists for new piers regular employee lists for re-activated piers regular gang lists for new piers regular lists for new piers regular lists for re-activated piers regular gang lists for re-activated piers Recall of regular and regular-extra gangs Registering and database validation and certification Regularization of employment--see DECASUALIZATION Regular lists additions to corrections and restorations to lists establishment of new piers notice for establishing regular lists for re-activated and new piers ordering from re-activated piers , rejection removal of persons from lists restorations Rejection of lists, replacements and additions Removal of persons from lists Reporting absenteeism Reporting employment opportunities Solicitation of employment Telecommunications availability of documents, tapes, disks and other data database to reflect eligibility status v establishment of THS monitoring of telephone calls by COMMISSION recording of telephone calls registering of database validation and certification tampering with THS telecommunications system controller (TSC)

8 Defined THEIC availibility for employment checker call for weekend employment at terminals handling baggage establishment ordering additional gangs ordering employees prevalidation ordering from regular lists prior-day-ordering of registrants recording of telephone calls reporting employment opportunities (k) , , Unauthorized hiring Voluntary gangs ordering of replacements for Weekend casual checkers , IMPEDING PURPOSES OF ACT INFORMATION, REQUESTS FOR , JUDICIAL REVIEW LICENSES AND REGISTRATIONS (also see TEMPORARY PERMITS AND REGISTRATIONS and PROBATIONARY REGISTRATIONS AND LICENSES) Alteration prohibited Applications , Applications after denial, withdrawal, surrender or revocation Application for probationary registration or license Arrest, notification Change of address, notification Checkers--see longshoremen and checkers, this title Dismissal of application without prejudice Forms, application , Hearings--see APPLICATION AND REVOCATION PROCEEDINGS Hiring agents and pier superintendents et seq.

9 Additional information to be furnished cargo, protection of compensation claims, reports criminal complaint, authorization identification to be carried vi identification to be returned license required issuance and delivery persons required to be licensed photograph and fingerprints prospective employer to submit application record of checkers assigned to motor vehicles reports of accidents reports of thefts requirement of license return of evidence of license upon termination selection or identification by person other than employer, proscribed several employers, employment at single pier several piers, employment by one employer at termination of employment, notification Lost license, permit or registration card, replacement Impeding purposes of Act Ineligibility, petition for order to remove Longshoremen, checkers and telecommunications controllers et seq. application for registration additional information photograph and fingerprints baggage porter identification cargo repairmen (a)(2) carpenters (a)(2) ceilers, grain (a)(2) coopers (a)(2) dock gang foremen (a)(1) dockmen (a)(1) emergency use of persons not registered false compensation claims, prohibition fitters, cattle and horse (a)(2) gang foremen (a)(1) gangwaymen (a)(1) headers (a)(1) holdmen (a)(1) identification to be carried to be returned ineligibility, petition to remove maintenance men (a)(2) persons not required to be registered vii persons required to be registered , porters (a)(1) registration required sorters (a)(1) tips, solicitation prohibited winchmen (a)(1)

10 Workers' compensation claims Nontransferability Notification of arrest Pier guards--see Port watchmen, this topic Pier superintendents--see Hiring agents and pier superintendents, this topic Port watchmen et seq. age (a) badge deposit for safekeeping (c) issuance (b) loss of (d) property of COMMISSION (b) return of (e) to be clearly worn (b) cap, security officers conduct, standard definitions , gate log gate vehicle books hiring--see security officers and supervisory security officers, this topic ineligibility, petition to remove information to be furnished by employers interference with duties port watchmen intoxicating beverages (b)(6) licenses application for expiration at 70 exception (b) identification required lists--see security officers, this topic logs, security officers medical examination exemption from mental fitness standards viii physical fitness standards waiver of supervisory guard, classification as (a) supervisory guard defined (a) security officers and supervisory security officers et seq.