In any action or proceeding before a court wherein a party relies for a ground of relief or defense or raises issues or brings into question the construction or validity of the act, this Chapter, or any order or requirement thereunder, the court having jurisdiction of such action or proceeding may at any stage certify such fact to the division. The division may intervene in any such action or proceeding.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 2506.7