law, the authority to examine any information of an employer
necessary to determine whether a violation of this act has
occurred, including to determine the validity of any defense.
(3) Except as provided in this section, information
obtained through administration of this act from an employer
subject to this act and that is not otherwise obtainable by
the secretary under this section shall be confidential and
shall not be published or open to public inspection. Prior to
public disclosure of the information in connection with any
court action or proceeding, the employer shall be given a
reasonable opportunity to make application to protect the
information's confidentiality.
(4) No decision or order issued under this act shall be
admissible or used in evidence in any subsequent court
proceeding except in an action by the secretary or the
employer to implement, enforce or challenge a determination
made by the secretary under this act.
(5) An officer or employer of the State, an officer or
employee of an entity authorized to obtain information under
this section and an agent to this State or of the entity who,
except with authority of the secretary under this section,
discloses information commits a misdemeanor.
(6) If, after an administrative hearing, the secretary
determines that an employer has violated a requirement of
this act or rules or regulations promulgated under this act,
the secretary shall issue an order that shall include any
penalties assessed by the secretary under this act. Upon the
entry of the order, a party aggrieved thereby may commence a
proceeding for review pursuant to the civil practice law and
rules within 30 days from the notice of the filing of the
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