the secretary has, in addition to all other powers granted by
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shall not be published or open to public inspection.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 any such 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 pursuant to 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 pursuant to this act.
(5) Any officer or employer of the State, any officer or
employee of any entity authorized to obtain information
pursuant to this section and any agent to this State or of
such 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
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