N.Y. Comp. Codes R. & Regs. tit. 4 § 213.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 213.9 - Amicus curiae procedure

(a)Board initiated amicus procedure.

(1) The board on its own motion may issue a notice soliciting non-parties to file amici briefs on a legal and/or policy issue in a pending matter before the board. The notice shall set the schedule for the filing of such briefs as well as the filing of supplemental briefs by the parties.

(b)Non-party initiated amicus procedure.

(1) A non-party seeking to file an amicus brief in a matter pending before the board may file an original and four copies of a motion for leave along with a proposed brief with proof of service of one copy on each party. Should the chairperson authorize electronic filing of such motions, the filing of a signed paper original consistent with this section and electronic filing and service of a copy shall constitute compliance with the filing and service requirements herein contained.

(2) Criteria. A motion for amicus curiae relief shall demonstrate that the movant can identify legal or policy arguments under the act that might otherwise escape the board or that may provide assistance to the board in some other manner.

(3) Positions of the parties. The parties may file in the same manner as the motion papers in support or opposition to the motion with proof of service consistent with the schedule for the motion as set by the board.

(4) Upon receipt of a motion to file an amicus curiae brief, the board shall set a schedule for the parties to respond to the motion.

(5) Should the board grant the motion to file briefs amicus curiae, such briefs will be in the manner and time frame set forth by the board in its order granting the motion.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 213.9

Adopted New York State Register August 2, 2017/Volume XXXIX, Issue 31, eff.8/2/2017