NY Lab L § 538 (2021)
2021 New York Laws LAB - Labor Article 18 - Unemployment Insurance Law Title 3 - Administration 538 - Representation and Witness Fees and Other Expenses.

§ 538. Representation and witness fees and other expenses. 1. Fees and compensation  of  representatives.  (a)  No  fee shall be charged in any proceeding under this article by the commissioner, by the  appeal  board or by any court.  (b) In any proceeding under this article a party may be represented by an  agent,  but  no  fees  for  services rendered by such agent shall be allowable unless such agent is registered with the appeal board or is an attorney.  (c) Claims of representatives for services rendered to a  claimant  in connection  with  any  claim  arising  under  this  article shall not be enforceable unless approved by the appeal board and shall  in  no  event exceed  the benefit allowed, except as provided in paragraph (d) of this subdivision. In approving any fee requested by a representative pursuant to this section, the appeal board shall consider the following  factors: (i)  the  total  benefit  allowed;  (ii)  the  time  spent  in providing representation; (iii) the legal and factual complexities  involved;  and (iv) such other factors as the appeal board may deem relevant.  (d)  In  addition  to any fee which may be allowed by the appeal board for services rendered  to  the  claimant,  an  attorney  representing  a claimant  shall  be  entitled  to  a  fee  not to exceed the sum of five hundred dollars and necessary printing and other disbursements  in  each of  the  following cases: (1) On an appeal from a decision of the appeal board in favor of the claimant. (2) On a motion for leave to  appeal  to the  court  of  appeals from a decision of the appellate division of the supreme court which relates to a decision of the appeal board  in  favor of  the  claimant.  (3)  On  an  appeal  to  the court of appeals from a decision of the appellate division of the supreme court which relates to a decision of the appeal board in favor of the claimant. When a claimant takes such appeal, the court shall allow a fee and disbursements only if it finds the appeal to have been meritorious.  (e) The court shall appoint an attorney to represent the  claimant  if he  is  unrepresented  in  each  of the cases described in paragraph (d) hereof, except when the  claimant  takes  an  appeal  to  the  court  of appeals.  Fees and disbursements provided in such paragraph (d) shall be fixed by the court in which the appeal is taken or the motion for  leave to  appeal  is  made.  Such  fees and disbursements shall be paid by the commissioner as part of the expenses incurred in the  administration  of this article.  (f)  Any  person,  firm, or corporation who shall exact or receive any remuneration or gratuity for any services rendered to or on behalf of  a claimant  except as allowed by this section and in an amount approved by the board or a court shall be guilty of a misdemeanor. The appeal  board shall  order  the  restitution  of  any  fee  paid  by  a  claimant to a representative to the extent that it exceeds the  amount  authorized  by this section.   2.  Fees  of witnesses and other expenses. Fees of witnesses and other expenses, except representation services, involved in proceedings  under this  article shall be paid at a rate to be established by regulation of the commissioner except that such fees and other  expenses  involved  in proceedings before referees and the appeal board shall be paid at a rate to  be  established  by  regulation  of  this  board. Such fees or other expenses shall be treated as expenses under this article.   3. Representatives; lists. * (a) The appeal board shall establish  the qualifications  and procedures for the registration of agents authorized to represent claimants in connection with any claims arising under  this article.  An  agent  shall  be  registered  as  authorized  to represent claimants by providing the appeal board with his name, business  address and  telephone number and by posting a bond with the appeal board in the  amount of five hundred dollars for the benefit of claimants charged fees by said representative in excess of  those  approved  pursuant  to  this section  and with respect to which restitution has been ordered pursuant to  paragraph  (f) of subdivision one of this section. An agent shall be registered as authorized to  represent  an  employer  by  providing  the appeal  board with a letter of authorization from the employer. No agent may be registered who knowingly violates paragraph  (c)  of  subdivision one of this section.   * NB Expires December 31, 2022  (b) An attorney who is available to represent claimants may notify the appeal  board  by  providing  his  name,  business address and telephone number.   * (c) The appeal board shall maintain lists of authorized  agents  and attorneys  who  are available to represent claimants and shall make such lists available to claimants on request.   * NB Expires December 31, 2022