N.Y. Comp. Codes R. & Regs. tit. 9 § 465.13

Current through Register Vol. 46, No. 51, December 18, 2024

Section 465.13 - Representation by an attorney

(a) Appearance. If any party designates an attorney-at-law to represent the party before the division, such attorney shall file a notice of appearance with the division. An attorney-at-law who appears for a party to the proceeding at any stage therein, including an application for an injunction, shall be deemed to remain that party's attorney throughout the proceeding until:

(1) the party represented files with the division a written revocation of the attorney's authority; or

(2) the attorney files with the division a written statement of withdrawal from the case; or

(3) the attorney states on the record at a division hearing that the attorney is withdrawing from the case; or

(4) the party represented states on the record at a division hearing that the attorney's authority is revoked; or

(5) the division receives notice of the attorney's death or disqualification; or

(6) an adverse ruling is made on a motion to disqualify an attorney because of conflict of interest.

(b) Notice to attorneys. Copies of all written communications or notices in the matter directed to the party shall be sent either to the attorney alone or to both the party and the attorney.

(c) Effectiveness of service. Service of any document or paper (except subpoenas and subpoenas duces tecum) in the matter on such attorney shall be deemed service on the party represented; provided, however, that the division may, in addition, serve any document or paper on the party such attorney represents.

(d) Who shall present case in support of complaint.

(1) If the complainant is not represented by an attorney, the case in support of the complaint shall be presented before the administrative law judge by the division's agent or attorney. However, such agent or attorney shall not have an attorney-client relationship with the complainant.

(2) If the complainant is represented by an attorney, such attorney shall solely present the case in support of the complaint on the consent of the division attorney. The division attorney shall prepare and submit to the administrative law judge or chief administrative law judge a statement in lieu of appearance together with the jurisdictional papers.

(e) The complainant's and respondent's attorneys shall have full and complete access to the file, and to copies (at reasonable cost) of documents necessary to the hearing, at an office maintained by the division convenient to such attorney, by appointment.

(f) The complainant's and respondent's attorneys shall consult with the division attorney, or with the administrative law judge at the hearing, concerning any proposed settlement of the case, for the purpose of preserving the public interest.

(g) The administrative law judge may, in the exercise of discretion, request the appearance of the division attorney.

(h) Public interest or legal question.

(1) Where the division attorney determines that there exists a substantial public interest or an important or novel issue of law, the division attorney shall appear at the hearing.

(2) In such case, the division attorney and complainant's attorney may agree on the procedure to be followed in the presentation of the case, including joint presentation by such attorneys.

(3) The division attorney may at any time withdraw the consent to have the case presented solely by the complainant's attorney, and appear at the hearing or submit arguments or briefs.

(i) Payment of award. When an attorney has ceased to represent a complainant, the division shall have no obligation to notify said attorney of any award of money to a complainant by way of conciliation, settlement, order after hearing or otherwise, and may consent to or order the delivery and payment of the award by the respondent to the complainant. When a complainant is represented by an attorney at the time of an award, the terms of payment thereof shall provide that said award shall be paid in the form of a check or draft made payable to the complainant but delivered to the complainant's attorney.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 465.13