reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 450 - Conduct Of The State Insurance Fund › Section 450.4 - Billing and collection of premiums

Current through Register Vol. 46, No. 28, July 10, 2024
Premium bills shall be rendered in an appropriate manner as
				  provided in the policy contract, to policyholders of the amount due the State
				  Fund as advance or deposit premiums and earned premiums. Failure of the assured
				  to pay such bills when due may warrant cancellation of the policy as provided
				  by law and reference of the account to the legal department for appropriate
				  action.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 450 - Conduct Of The State Insurance Fund › Section 450.5 - Inspection of risks

Current through Register Vol. 46, No. 28, July 10, 2024
Underwriters, payroll auditors and field service
				  representatives are designated for the purpose of inspecting the plants and
				  establishment of employers insured with the State Fund and shall make such
				  reports thereof as may be required. Recommendations, whenever possible, shall
				  be given to the policyholder as to means and methods which will tend to reduce
				  accidents and diseases and to safeguard the health and safety of
				  workers.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 450 - Conduct Of The State Insurance Fund › Section 450.6 - Claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All notices of
				claims and accidents shall be indexed and recorded and shall be filed, if
				required by law, with the Workers' Compensation Board. All claims shall be
				examined and where necessary shall be investigated. The claims department shall
				determine promptly whether compensation or benefits shall be paid in advance of
				an award or whether the right to compensation or benefits shall be
				controverted. Notices as required by law or of the rules of the Workers'
				Compensation Board shall be filed promptly and all necessary procedures shall
				be taken to ascertain and present the facts and the law upon hearings before
				the Workers' Compensation Board.
(b) Awards for workers' compensation and
				compensation in advance of awards or benefits for disability shall be audited
				and paid in the manner prescribed by law, at the times and in the amounts
				provided by law or the rules or lawful orders of the Workers' Compensation
				Board, unless such awards are appealed or review requested or the right to
				compensation controverted.
(c) All
				charges for medical, surgical or hospital treatment, where required by law or
				contract, shall be examined and, when found to be reasonable and the treatment
				required or authorized under the Workers' Compensation Law, shall be paid at
				the time and in the manner provided in the Workers' Compensation Law.
(d) The claims department shall, in
				cooperation with the actuary, be responsible for the care and management of the
				aggregate trust fund provided by section 27  of the Workers' Compensation Law,
				and shall authorize payments therefrom in accordance with the Workers'
				Compensation Law and with the orders and awards of the Workers' Compensation
				Board.
(e) The claims department
				shall cooperate to the extent required with the actuary in the determination of
				the reserves to be established for the payment of all such claims.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 450 - Conduct Of The State Insurance Fund › Section 450.7 - Medical examinations

Current through Register Vol. 46, No. 28, July 10, 2024
The director of the claims medical department shall make or
				  cause to be made such inspections and examinations of persons claiming payment
				  of workers' compensation or disability benefits from the State Fund as may be
				  required and shall furnish reports thereof. He shall also provide such
				  supervision of medical and surgical treatment as may be consistent with the
				  provisions of law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 450 - Conduct Of The State Insurance Fund › Section 450.8 - Legal matters

Current through Register Vol. 46, No. 28, July 10, 2024
The conduct of the legal business of the Fund shall be under
				  the direction of the general attorney as provided by law. The general attorney
				  shall also be responsible for the enforcement of the subrogated rights of the
				  Fund against third parties and may compromise such actions in accordance with
				  section 29  of the Workers' Compensation Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 450 - Conduct Of The State Insurance Fund › Section 450.9 - Services to policyholders and to the public

Current through Register Vol. 46, No. 28, July 10, 2024
All officers and employees of the State Fund are expected to
				  render prompt, efficient and courteous service at all times and in such manner
				  as best to forward the interests of the Fund in meeting its responsibilities to
				  policyholders, to claimants and to the public. Field services are to be
				  designed and continuously carried out:
(a) to promote among employers the
				enthusiastic acceptance of and interest in the prevention of work accidents and
				occupational diseases;
(b) to
				maintain at the highest possible level the State Insurance Fund's services to
				its policyholders in the fields of safety and customer relations; and
(c) to inform present and prospective
				policyholders of the functions and services of the State Insurance Fund through
				approved programs.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 450 - Conduct Of The State Insurance Fund › Section 450.10 - Safety groups

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employers
				insured in the State Fund may be formed into safety groups for the purpose of
				accident prevention and earning of dividends. Rules and regulations consistent
				with the purposes for which the Fund was created shall be formulated, with the
				approval of the commissioners, for the formation and conduct of such safety
				groups and proper evidence of approval of such rules by a majority of the
				membership of each such safety group so formed shall be furnished to the
				Fund.
(b) Accountings of premiums,
				losses, expenses and other charges for each such group shall be rendered at
				appropriate intervals and if the balance remaining to the credit of the group,
				at the close of any policy period, after due consideration for contingencies,
				is deemed adequate for such purpose, a dividend may be credited or paid to each
				individual member of the group in an amount equal to such proportion of said
				balance as the amount of the member's earned premium bears to the total earned
				premium of the group for that policy period. Such dividends may be declared on
				recommendation of the actuary and approval of the executive director. (See Part
				451 for Basic Rules for Safety Groups.)
(c) An existing Fund safety group manager,
				with the written consent of the Executive Director, shall be authorized, with
				respect to the claims of group members or any policyholder which the Fund
				actuary determines to have anticipated claims in volume equivalent to or in
				excess of that paid by a safety group, to administer claims, medical
				examinations and services in a manner consistent with the provisions of
				sections
				450.6,
				450.7, and
				450.9 
				of this Part. In authorizing a safety group manager to act under these sections
				the Executive Director shall determine that such consent is consistent with
				providing the policyholder with the lowest cost insurance consistent with the
				solvency of the Fund. The Executive Director shall have the right to rescind
				any authorization given to a safety group manager pursuant to this
				subdivision.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 450 - Conduct Of The State Insurance Fund › Section 450.11 - Release of records

Current through Register Vol. 46, No. 28, July 10, 2024
(Freedom of Information Law)
(a) Purpose. The purpose of this section is
				to set forth the methods and procedures governing the availability of records
				of the State Insurance Fund pursuant to the provisions of article 6 of the
				Public Officers Law, known as the Freedom of Information Law.
(b) Records available to the public.
(1) Except as otherwise provided by the
				Workers' Compensation Law, sections 87 (2), 89 (2), (2-a) and (3) of the Public
				Officers Law and/or any other provision of statutes: all records as defined in
				section 86 (4)  of the Public Officers
				Law shall be made available for public inspection and copying.
(2) A record of names, public office
				addresses, titles and salaries of officers and employees of the State Insurance
				Fund.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 450 - Conduct Of The State Insurance Fund › Section 450.12 - Access to personal information (Personal Privacy Protection Law)

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose
				and scope.
(1) It is the
				responsibility and the intent of the State Insurance Fund to fully comply with
				the provisions of article 6-A of the Public Officers Law, the Personal Privacy
				Protection Law.
(2) The State Fund
				shall maintain in its records only such personal information that is relevant
				and necessary to accomplish a purpose of the State Fund that is required to be
				accomplished by statute or executive order, or to implement a program
				specifically authorized by law.
(3)
				Personal information will be collected, whenever practicable, directly from the
				person to whom the information pertains.
(4) The State Fund seeks to ensure that all
				records pertaining to or used with respect to individuals are accurate,
				relevant, timely and complete.
(5)
				This section provides information regarding the procedures by which members of
				the public may assert rights granted by the Personal Privacy Protection
				Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 450 - Conduct Of The State Insurance Fund › Section 450.13 - Continuation of existing proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
Every act or deed done or performed pursuant to the
				  provisions of the rules repealed shall remain and continue to be valid under
				  the provisions of this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 451 - Basic Rules For Safety Groups › Section 451.1 - Objectives of safety groups

Current through Register Vol. 46, No. 28, July 10, 2024
Such safety groups as may be formed or continued under this
				  Part shall at all times work toward:
(a) the prevention of occupational accidents
				and diseases and the formulation of a sound safety program;
(b) the encouragement of improved medical
				care of employees; and
(c) the
				reduction of the cost of compensation insurance to members of safety groups.
Incidental to these objectives is the encouragement of
				  members to assist in the proper handling of claims and payroll
				  information.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 451 - Basic Rules For Safety Groups › Section 451.2 - Types of safety groups authorized

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following types of safety groups are
				hereby authorized:
(1) trade
				groups;
(2) trade groups for risks
				associated on a single job; and
(3)
				trade association groups.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 451 - Basic Rules For Safety Groups › Section 451.3 - Qualifications required for safety groups

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) A
				safety trade group is available to a group of employers engaged in the same
				industry and who have become associated for the purpose of pooling their
				compensation insurance interest in a State Fund safety trade group. A safety
				trade group may be authorized whenever it has complied with the conditions
				requiring a minimum of 12 risks of whom seven are to be new policyholders to
				the State Fund and the writing of a minimum of $500,000 in annual premium at
				State Fund rates actually charged, of which not less than $300,000 shall be new
				business to the State Fund.
(2) A
				safety trade group may be established to cover all the employers conducting
				operations on a single job for the duration of such job provided the aggregate
				annual group premium amounts to not less than $500,000 at State Fund rates
				actually charged. The general contractor shall agree in writing with the State
				Fund to pay and be responsible for the payment of premium for himself or
				herself and each subcontractor who is a member of the group.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 451 - Basic Rules For Safety Groups › Section 451.5 - Management of safety groups

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				safety group shall employ the service of a group manager for the purpose of
				efficiently securing the benefits for which the group is established and
				carrying out the spirit and intent of the law. The group manager shall be
				designated at the beginning of each group year by the executive committee. A
				group manager shall act in that capacity until the end of the group year unless
				sooner terminated at the discretion of the executive committee or the State
				Fund.
(b) Qualification and
				approval of group manager. The proposed group manager shall submit in writing
				to the State Fund his qualifications for group management. No group manager
				shall act in such capacity until the State Fund has given its approval in
				writing, which shall become effective only until the end of the group
				year.
(c) Duties of group manager.
(1) The group manager shall promulgate rules
				and regulations (subject to the approval of the State Fund) for establishing an
				accident-prevention program. He shall diligently carry out such approved
				program and shall cooperate fully with the State Fund in the investigation of
				claims, the presentation of all material and facts for the consideration and
				determination thereof, and shall keep a record of the accidents of the
				group.
(2) The group manager shall
				be responsible for instruction of all members in the maintenance of proper
				payroll and other records which may reflect in any way upon wage expenditures,
				shall assist the State Fund in securing true and accurate payroll records and
				reports wherever possible, and shall also assist the State Fund in the prompt
				collection of premiums, and shall keep a record of the estimated and earned
				premiums of the group.
(3) The
				group manager shall be responsible for insuring that all applications for
				insurance submitted on behalf of prospective members shall be correctly and
				fully completed, containing all information required by the State
				Fund.
(4) The group manager shall
				be the representative of the group in dealing with the State Fund and with the
				individual members of the group. The group manager shall see that the
				provisions of the group rules are carried out.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 451 - Basic Rules For Safety Groups › Section 451.6 - Establishment of safety groups

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				order to establish a safety trade group, the proposed group manager will make
				application in writing, giving a complete description of the type of risks to
				be included in the group together with the nature of their operations and/or
				the products that are manufactured, and detailed description of the proposed
				accident-prevention and claims service.
(b) When an industrial trade association
				desires to have a group established for its members, such request must be made
				on the letterhead of the association and signed by a duly authorized officer of
				the association. A copy of the resolution of the board of directors of the
				association requesting the establishment of the group must accompany the letter
				of application, together with a complete description of the type of operations
				intended to be included in the group and a detailed description of the
				accident-prevention and claims services. The name and address of the proposed
				group manager shall be given.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 451 - Basic Rules For Safety Groups › Section 451.7 - Membership in safety groups

Current through Register Vol. 46, No. 28, July 10, 2024
Membership in a safety group shall be continuous from year to
				  year except that the executive committee of a safety group may, subject to the
				  approval of the State Fund, exclude any member from continued membership
				  thereunder at any anniversary date of the group for failure to comply with
				  group rules. Notice of intention to discontinue membership and the reason
				  therefor shall be given to such member and to the State Fund at least 30 days
				  prior to the anniversary date of the group. Any member of the group may be
				  removed, terminated or discontinued from the group, as of any anniversary date,
				  if in the opinion of the State Insurance Fund management, after consultation
				  with the group manager and/or the Executive Committee, continued membership in
				  the group would not serve the basic objectives for which the group was formed.
				  A member may withdraw from a safety group only upon the anniversary date of the
				  group and upon giving written notice to the group manager and to the State Fund
				  at least 30 days prior to the anniversary date of the group. A qualified risk
				  may transfer from the general group to a safety group upon giving due notice to
				  the group manager and to the State Fund at least 30 days prior to the
				  anniversary date of the risk, provided new business in a similar amount of
				  annual premium precedes or accompanies such notice of
				  transfer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 451 - Basic Rules For Safety Groups › Section 451.8 - Discontinuance of safety groups

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				safety group may be discontinued or terminated upon the adoption of a
				resolution to such effect by the majority vote of the active members of the
				group. The discontinuance or termination shall be effective as of the group
				anniversary date immediately following the adoption of the resolution, provided
				the State Fund is notified in writing and a copy of the resolution is given to
				the State Fund prior to such group anniversary date and not later than 30 days
				after the resolution is adopted.
(b) A safety group may be discontinued or
				terminated by the State Fund as of any anniversary date if, in the opinion of
				the State Fund management, continued operation will not serve the basic
				objectives for which the group was formed.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 451 - Basic Rules For Safety Groups › Section 451.9 - Regulations for safety groups

Current through Register Vol. 46, No. 28, July 10, 2024
The management of the State Insurance Fund is authorized and
				  directed to formulate such uniform regulations as may be necessary to assure
				  the establishment and conduct of safety groups pursuant to this Part. Copies of
				  these regulations shall be filed with the secretary of the board of
				  commissioners and with the members of the subcommittee of the commissioners on
				  rating plans, and the regulations shall take effect 15 days after such filing.
				  [See Appendixes D-1 and D-2 of this Title for blank forms of rules and
				  regulations for safety trade association group and safety trade
				  group.]
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 451 - Basic Rules For Safety Groups › Section 451.10 - Notice of safety group meetings

Current through Register Vol. 46, No. 28, July 10, 2024
The group manager shall notify the State Insurance Fund
				  Underwriting Director of all safety group meetings and all executive committee
				  meetings in writing. The notice shall set forth the location, date and time of
				  the meeting and be received at least 20 days in advance of the meeting. The
				  State Fund shall have the right to be represented at all such
				  meetings.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 452 - Rules For Challenging Of Premium Differentials › Section 452.1 - Election of procedure

Current through Register Vol. 46, No. 28, July 10, 2024
An insured or prospective insured who has reason to believe
				  himself aggrieved, by a premium differential assigned to his policy rate, may
				  protest such assigned differential by the means hereinafter specified. If the
				  insured or potential insured elects to proceed under the means hereinafter
				  specified, he shall be deemed to have elected such means as the exclusive means
				  for challenging such differential, and to have relinquished any and all other
				  rights to offer any challenge he may have possessed, whether at common law or
				  otherwise.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VI - State Insurance Fund › Part 452 - Rules For Challenging Of Premium Differentials › Section 452.2 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Within two weeks after The State
				Insurance Fund has, in writing, made known to the insured or potential insured
				the differential assigned to the insured's policy, or proposed to be assigned
				to a prospective policy, or within such additional time as The State Insurance
				Fund may allow in writing, the insured may protest such differential assignment
				by delivering to the executive director of The State Insurance Fund a written
				protest setting forth the basis for the insured's or prospective insured's
				challenge. Such written protest shall be accompanied by any documentation and
				sworn statements the insured desires to have considered in support of his
				challenge.
(2) The documents and
				statements so submitted by the insured or proposed insured shall specifically
				set forth the specific reasons upon which his challenge is based, and shall
				further set forth that charge which he contends would be a fair and reasonable
				differential charge, giving due regard to the nature and hazards of his
				business or operations, his prior loss experience, his prior and presently
				existing safety practices, his prior premium payment history, the number of
				persons he employes in such business or operations and the specific type of
				work they perform, his prior and current compliance with obligations imposed
				upon him by the Workers' Compensation Law and other laws which require premium
				or other payments by him on the basis of earnings and other remuneration earned
				by persons engaged in the furtherance of his enterprise or enterprises,
				statements of his prompt and complete reporting of accidents and claims, and
				such other factors as may be relevant to the appraisal of the insured or
				proposed insured as a risk in whole and in light of the accident and moral
				hazards involved. The failure to set forth any of such data shall go to the
				weight of the submission and, in an appropriate case, and in the exercise of
				discretion, such failure may be deemed a basis for rejection of the protest in
				toto.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 460 - Definitions; General Provisions › Section 460.1 - Application of definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Subchapter:
(a) The term law means the Unemployment
				  Insurance Law, constituting article 18 of the Labor Law of the State of New
				  York as presently, previously or hereinafter constituted.
(b) The term commissioner means the
				  Commissioner of Labor of the State of New York, Department of Labor or his
				  successor in title, who shall be deemed a party to all proceedings before
				  administrative law judges and the Appeal Board.
(c) The term administrative law judge means
				  any person appointed by the commissioner as a referee pursuant to the law to
				  hear and decide disputes in accordance with the provisions of the law and to
				  conduct such other and further hearings in connection therewith as may be
				  required by the board.
(d) The term
				  department means the Department of Labor of the State of New York.
(e) Any word or term which is defined in the
				  law shall have the same meaning when used in this Subchapter.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 460 - Definitions; General Provisions › Section 460.2 - Board sessions

Current through Register Vol. 46, No. 28, July 10, 2024
An executive session of the board shall be held on such day
					 as may be designated by the chairman. A special session may be called at the
					 request of any member, provided that notice thereof was given to each member at
					 least one business day before the time set. A special session may be held
					 without notice when all members are present. The chairman of the board shall
					 preside at all sessions. He may designate any member of the board to preside
					 and perform the duties of the chairman in his absence. A quorum shall consist
					 of a majority of the board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 460 - Definitions; General Provisions › Section 460.3 - Action by individual board member

Current through Register Vol. 46, No. 28, July 10, 2024
Any hearing, inquiry or investigation required or
					 authorized to be conducted or made by the board may be conducted or made by any
					 individual member thereof, and the order, decision or determination of such
					 member of the board, shall be deemed the order, decision or determination of
					 the board from the date of filing thereof in the department unless the board,
					 on its own motion, or on application duly made to it, modifies or rescinds such
					 order, decision or determination. The chairman may designate any member to
					 preside at any hearing or conduct any investigation or inquiry on behalf of the
					 board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 460 - Definitions; General Provisions › Section 460.4 - Subpoenas and depositions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) A board member, the chief administrative
				  law judge, a senior administrative law judge or the administrative law judge
				  may issue subpoenas, whenever necessary, to compel the attendance of witnesses
				  and the production of writings, books, contracts, papers, documents or other
				  evidentiary matter. A subpoena duces tecum, unless directed to be issued by a
				  board member, the chief administrative law judge, a senior administrative law
				  judge or the administrative law judge, on his own motion, shall be issued only
				  upon a showing of the necessity therefor by the party applying for its
				  issuance. All of the aforesaid subpoenas shall be issued under the seal of the
				  department.
(2) An attorney who
				  shall have filed with the board a notice of appearance on behalf of any party
				  may issue and cause to be served, subpoenas to compel the attendance of
				  witnesses in accordance with sections 2302 and 2303  of the Civil Practice Law
				  and Rules.
(3) Witnesses subpoenaed
				  for any hearing shall be paid or tendered witness and mileage fees in advance
				  in accordance with the provisions of section 2303  of the Civil Practice Law and
				  Rules of the State of New York.
(4)
				  A motion to quash, fix conditions or modify a subpoena shall be made promptly
				  to the board or to the administrative law judge section to which the subpoena
				  is returnable. A request to withdraw or modify the subpoena shall first be made
				  to the person who issued it and a motion to quash, fix conditions or modify may
				  thereafter be made before the board or the administrative law judge. Reasonable
				  conditions may be imposed upon the granting or denial to quash or
				  modify.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 460 - Definitions; General Provisions › Section 460.6 - Attorney and registered representative fee procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Requirement to apply for a
				  fee.
(1) A fee for services to a
				  claimant in connection with any claim under article 18 of the Labor Law shall
				  be permitted only for a lawyer or non-lawyer representative who is registered
				  with the appeal board.
(2) Each
				  lawyer and registered non-lawyer representative who represents a claimant on a
				  fee basis in connection with a claim under article 18 of the Labor Law shall
				  complete a retainer agreement stating the terms of representation and the fee
				  arrangement.
(3) When a lawyer or
				  other representative represents a claimant in connection with any claim arising
				  under article 18 of the Labor Law, the board or administrative law judge shall
				  determine whether that person is appearing for the claimant on a fee basis and
				  advise the claimant that any fee must be approved by the board and is payable
				  by the claimant.
(4) Following the
				  mailing of a final decision, the lawyer or registered non-lawyer representative
				  who requests a fee for representation shall provide the claimant with an
				  itemized bill which details the work performed on behalf of the claimant for
				  which the lawyer or registered non-lawyer representative requests a fee. The
				  itemized bill shall include:
(i) the actual
				  time spent in preparing for and providing representation;
(ii) the number of hearings held in the
				  matter;
(iii) the lawyer or
				  registered non-lawyer representative's costs and expenses as described in
				  paragraph (c)(2) of this section;
(iv) the hourly rate or method used to
				  determine the amount of fee requested which must be consistent with the fee
				  arrangement specified in the retainer agreement; and
(v) the total amount of fee
				  requested.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 460 - Definitions; General Provisions › Section 460.7 - Record on appeal to the court

Current through Register Vol. 46, No. 28, July 10, 2024
The record on appeal shall consist of:
(a) the transcripts of all hearings held in
				  connection with the case;
(b)
				  documents and exhibits properly accepted into the record pursuant to section
				  461.4,
				  463.2 or
				  463.3  of
				  this Title; and
(c) the appropriate
				  documents which establish or indicate jurisdiction in the matter.
In the event of a dispute as to the contents of a record on
					 appeal to the Appellate Division of the Supreme Court, Third Department, any
					 party may cause the matter to be set down for a board hearing by the service of
					 a notice of settlement of the record upon the other party or parties. The board
					 hearing shall be held not less than four days after service of such notice.
					 Such hearing should be scheduled before the board member who signed the board's
					 decision, and oral argument may be allowed in the discretion of the board
					 member. The successful party to an appeal to the court shall transmit the
					 remittitur to the board for action. The board may conduct such further
					 proceedings, within the authority of the remittitur, as is deemed appropriate
					 and shall enter and file an order on each remittitur.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 460 - Definitions; General Provisions › Section 460.8 - Rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  rule or regulation established by the board governing practice and procedure
				  before administrative law judges and the board may be added to, amended,
				  modified, rescinded or superseded by the board at any time.
(b) An addition, amendment, modification,
				  rescission or supersedure of any of these rules and regulations may be made by
				  the board at any session, provided that all members are present, or written
				  notice of the proposed addition, amendment, modification, rescission or
				  supersedure was given to all members or was included in the notice of the
				  meeting.
(c) Notice of the adoption
				  of an addition, amendment, modification, rescission or supersedure of any of
				  these rules and regulations shall be given to the commissioner.
(d) These rules and regulations shall be
				  construed liberally to effectuate the purposes and provisions of the
				  law.
(e) These rules and
				  regulations and any addition, amendment, modification, rescission or
				  supersedure thereof shall be filed in the offices of the Department of State
				  and of the department and shall be available to the public at the offices of
				  the board and administrative law judge section.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 461 - Administrative Law Judge Hearing › Section 461.1 - Request for hearing under subdivision 1 of section 620 (claimant case)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A claimant who
				  is dissatisfied with an initial determination, or any other party affected by
				  such determination, may request a hearing before an administrative law judge,
				  pursuant to subdivision 1 of section 620 of the law, within 30 days after the
				  mailing or personal delivery of such initial determination. A request for a
				  hearing shall be deemed to be timely filed if such request is postmarked within
				  30 days of the appealing party's receipt of such determination, or if there is
				  other proof of filing of same with the commissioner, such as a fax
				  acknowledgment, a certificate of mailing, a stamped receipt by an agent of the
				  commissioner, or an affidavit of personal service on the commissioner or her
				  agent by a disinterested party. Absent proof to the contrary, an initial
				  determination of the commissioner shall be deemed to have been mailed on the
				  date recited on the initial determination and received by a party to whom it is
				  addressed no later than five business days after the date on which it is
				  mailed. The request for such hearing shall be filed at the local office. The
				  request should be in writing stating the reasons therefor.
(b) If an affected party, other than a
				  claimant, requests a hearing on an initial determination which has held the
				  claimant eligible to receive benefits, such party must submit a written
				  statement of the factual basis or specific events which such party contends are
				  the grounds for denying benefits to the claimant. This statement of the factual
				  incidents which are in issue should be of sufficient particularity as to inform
				  the claimant of the facts to which the claimant must be prepared to respond at
				  a hearing. Prior to the hearing, a copy of this written statement must be sent
				  to the claimant.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 461 - Administrative Law Judge Hearing › Section 461.2 - Application for hearing by employer under subdivision 2 of section 620 (employer case)

Current through Register Vol. 46, No. 28, July 10, 2024
Any employer who claims to be aggrieved by any
					 determination, rule or order of the commissioner under any provision of the
					 law, may apply to the commissioner for a hearing before an administrative law
					 judge, pursuant to subdivision 2 of section 620 of the law, within 30 days
					 after the mailing or personal delivery of notice of such determination, rule or
					 order. A request for a hearing shall be deemed to be timely filed if such
					 request is postmarked within 30 days of the appealing party's receipt of such
					 determination, or if there is other proof of filing of same with the
					 commissioner, such as a fax acknowledgment, a certificate of mailing, a stamped
					 receipt by an agent of the commissioner, or an affidavit of personal service on
					 the commissioner or her agent by a disinterested party. Absent proof to the
					 contrary, an initial determination of the commissioner shall be deemed to have
					 been mailed on the date recited on the initial determination and received by a
					 party to whom it is addressed no later than five business days after the date
					 on which it is mailed. The application for such hearing should be in writing
					 stating the reasons therefor.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 461 - Administrative Law Judge Hearing › Section 461.3 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A hearing
				  shall be scheduled promptly. The notice of hearing shall state the date, time,
				  place and purpose of the hearing and shall be sent to the party requesting or
				  applying for the hearing, to all other parties affected and to the commissioner
				  at least five days before the date of hearing.
(b) In the event that an attorney at law, or
				  a representative, appears at an administrative law judge hearing on behalf of a
				  party or files with the administrative law judge section written notice that he
				  appears for any person who is involved as a party in a case or proceeding
				  pending before an administrative law judge, copies of all subsequent written
				  communications or notices sent to such party therein (other than subpoenas)
				  shall be sent, at the same time, to such attorney at law, or
				  representative.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 461 - Administrative Law Judge Hearing › Section 461.5 - Investigation

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever an investigation, inquiry, payroll audit or other
					 examination is necessary in deciding a case, the chief administrative law
					 judge, a senior administrative law judge or the administrative law judge, upon
					 notice to all parties, may request such investigation, inquiry, payroll aduit
					 or other examination to be made. A hearing may be adjourned pending receipt of
					 the report of such investigation, inquiry, audit or examination. The provisions
					 of section
					 461.4(h) 
					 of this Part shall apply to such report.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 461 - Administrative Law Judge Hearing › Section 461.6 - Adjournment of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A party
				  requesting an adjournment must establish good cause for the request. The
				  administrative law judge may, on the judge's own motion and for good cause,
				  adjourn the hearing. Whenever a judge determines that a hearing is to be
				  adjourned, the judge shall set forth on the record what constitutes the reason
				  and the good cause for the adjournment. When adjournments are granted, the case
				  shall be rescheduled on an expedited basis.
(b) The notice of adjourned hearing shall be
				  in conformity with the provisions of section
				  461.3  of this
				  Part. Upon an adjournment for failure of one or more parties to appear, the
				  notice of adjourned hearing shall state that upon default of such party at the
				  adjourned hearing, the case may be closed and a decision rendered as the
				  circumstances warrant.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 461 - Administrative Law Judge Hearing › Section 461.7 - Transfer of case

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the
				  absence, disability or disqualification of an administrative law judge or for
				  other good cause, a case assigned to an administrative law judge may be
				  transferred to another administrative law judge chosen by the chief
				  administrative law judge, a principal administrative law judge or a senior
				  administrative law judge.
(b) By
				  order of the chief administrative law judge, a principal administrative law
				  judge, a senior administrative law judge or the administrative law judge, a
				  case may be transferred from one place of hearing to another for the
				  convenience of parties or witnesses and as the interests of justice may
				  require.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 461 - Administrative Law Judge Hearing › Section 461.8 - Reopening

Current through Register Vol. 46, No. 28, July 10, 2024
On application duly made, an administrative law judge may
					 reopen a case where a decision was rendered upon or following the default of a
					 party affected thereby or following the withdrawal of a request for hearing by
					 a party. Such application shall be made to the chief administrative law judge
					 or a senior administrative law judge who thereupon shall designate an
					 administrative law judge to act upon the application. If such party shows good
					 cause for his default or for his withdrawal of his request for a hearing, he
					 shall be entitled to a hearing on the merits and the case shall be heard at the
					 same time the application is acted upon.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 462 - Administrative Law Judge Decision › Section 462.1 - Rendition, content and revision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The administrative law judge shall render
				  his decision in writing within five days after the hearing is concluded. The
				  decision shall contain a statement of the issues, the findings of fact, the
				  conclusions and the reasons therefor.
(b) On his own motion or on application duly
				  made, the administrative law judge may revise the decision for the purpose of
				  correcting clerical, arithmetical or typographical errors. If the
				  administrative law judge is absent, disabled, disqualified or no longer
				  serving, the chief administrative law judge or a senior administrative law
				  judge may designate an administrative law judge to consider the application and
				  if granted, to make the necessary revision.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 462 - Administrative Law Judge Decision › Section 462.2 - Notice of right of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
The decision shall be accompanied by a notice of the right
					 of appeal therefrom and the method by which such appeal may be
					 taken.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter VII - Division Of Unemployment Insurance › Subchapter A - Practice And Procedure Before Administrative Law Judges And Appeal Board › Part 462 - Administrative Law Judge Decision › Section 462.3 - Transmittal and filing

Current through Register Vol. 46, No. 28, July 10, 2024
Copies of all decisions and of all revisions thereof shall
					 be sent promptly to the commissioner and to all other parties affected thereby
					 and shall be filed promptly in the department at a place designated by the
					 commissioner.