2006 New York Code - Representation Before The Workers\' Compensation Board.



 
    §  24-a. Representation before the workers' compensation board.  1. No
  person,   firm   or   corporation,   other   than   an   attorney    and
  counsellor-at-law,  shall  appear  on  behalf  of any claimant or person
  entitled to the benefits of  this  chapter,  before  the  board  or  any
  officer, agent or employee of the board assigned to conduct any hearing,
  investigation  or  inquiry  relative  to  a  claim  for  compensation or
  benefits under this chapter, unless he or she shall be a citizen of  the
  United  States  or an alien lawfully admitted for permanent residence in
  the United States, and shall have obtained  from  the  board  a  license
  authorizing  him  or  her to appear in matters or proceedings before the
  board. Such license shall be issued by the board in accordance with  the
  rules  established  by it. Any person, firm or corporation violating the
  aforesaid provisions shall be guilty of a misdemeanor. The board, in its
  rules, shall provide for the issuance of licenses to representatives  of
  charitable  and  welfare organizations, and to associations who employ a
  representative  to  appear  for  members  of  such   association,   upon
  certification of the proper officer of such association or organization,
  which licenses shall issue without charge; and may provide for a license
  fee in the case of all other persons, firms or corporations in an amount
  to  be fixed by said rules, not exceeding the sum of one hundred dollars
  a year. All license fees collected under the provisions of this  section
  shall  be  paid into the state treasury. The board shall have such tests
  of character and fitness with respect to applicants  for  licenses,  and
  such  rules governing the conduct of those licensed, as aforesaid, as it
  may deem necessary.
    2. There shall be maintained in each office of the board a registry or
  list of persons to whom licenses have been issued  as  provided  herein,
  which  list  shall  be  corrected  as  often  as  licenses are issued or
  revoked. Absence of a record of a  license  issued  as  herein  provided
  shall  be prima facie evidence that a person, firm or corporation is not
  licensed to represent claimants. Any such license may be revoked by  the
  board, for cause, after a hearing before the board. No license hereunder
  shall  be  issued  for a period longer than three years from the date of
  its issuance.
    3. No fee or allowance, in accordance with the provisions  of  section
  twenty-four  of this chapter, shall be made for services rendered by any
  such person, firm or corporation who has received  a  license  hereunder
  without payment of a license fee.
    4. Refusal by any person to whom a license has been issued authorizing
  him  to  appear on behalf of any claimant to answer, upon request of the
  board, or other duly authorized  officer,  board  or  committee  of  the
  state,  any  legal  question  or  to  produce any relevant book or paper
  concerning his conduct under such  license,  shall  constitute  adequate
  cause for revocation thereof.
    5.  Only  an attorney, or a representative licensed in accordance with
  rules established by the board  pursuant  to  subdivisions  three-b  and
  three-d  of  section fifty of this chapter, shall appear on behalf of an
  employer or an insurance carrier regarding a claim for  compensation  or
  any  benefits  under this chapter before the board or any officer, agent
  or employee of the board assigned to conduct any hearing relative  to  a
  claim for compensation or benefits under this chapter. The provisions of
  this  subdivision  shall not apply to a designated regular employee of a
  self-insured employer, or of an insurance carrier appearing on behalf of
  his or her employer, but the board may prohibit the  appearance  of  any
  such employee for cause.

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