2023 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, 2024
(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, 2024