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 460.5 - List of authorized agents and attorneys

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The board shall maintain lists of
				  authorized agents and attorneys who are available to represent claimants in New
				  York City and of agents who represent employers. An agent shall be registered
				  as authorized to represent an employer by providing the board with a letter of
				  authorization from the employer. An attorney, who is available to represent
				  claimants, shall be included on this list upon providing to the board his name,
				  business address and telephone number. Agents, authorized to represent
				  claimants for a fee, shall be included on this list upon the certification of
				  the board that the individual has complied with the requirements hereinafter
				  set forth for the registration of representatives of claimants in New York
				  City. Attorneys and authorized agents following their registration shall
				  continue to be listed until such time as the board shall, upon due notice and
				  in compliance with the procedures herein set forth, revoke or suspend such
				  registration, or until such time as the attorney or agent requests, in writing,
				  that his listing be canceled. No individual may be listed as an authorized
				  agent or attorney while employed by the New York State Department of
				  Labor.
(b) The board shall maintain
				  such lists at its offices. Copies of these lists shall be made available for
				  inspection at the offices of the board, or the administrative law judge section
				  in New York City, and in each local unemployment insurance office in New York
				  City. The list shall be made available at these locations to any claimant
				  requesting information or assistance with regard to obtaining representation at
				  any hearing before the board or before an administrative law judge.
(c)
(1) No
				  person shall be registered as an agent to represent claimants in New York City
				  for a fee, unless he shall have met the following requirements:
(i) he is a high school graduate or has
				  received a high school equivalency diploma from an authority recognized by the
				  Education Department of the State of New York;
(ii) he has, as a minimum, at least 16 hours
				  of experience, either for pay or as a volunteer, in legal or administrative
				  proceedings. In lieu of the required hours of experience, an applicant may
				  substitute credit hours for appropriate post-secondary courses which the
				  applicant has successfully completed. Such appropriate courses shall include,
				  but not be limited to, courses in administrative law, administrative procedure,
				  labor law, unemployment insurance, or civil practice and procedure including
				  evidence;
(iii) in addition, the
				  board, in its discretion, as a condition for registration or for continued
				  registration, may administer examinations to non-attorneys to establish their
				  competence as representatives; and
(iv) he is of good moral character.