§ 538 — Representation and witness fees and other expenses

§ 538. Representation and witness fees and other expenses. 1. Fees and\ncompensation of representatives. (a) No fee shall be charged in any\nproceeding under this article by the commissioner, by the appeal board\nor by any court.\n (b) In any proceeding under this article a party may be represented by\nan agent, but no fees for services rendered by such agent shall be\nallowable unless such agent is registered with the appeal board or is an\nattorney.\n (c) Claims of representatives for services rendered to a claimant in\nconnection with any claim arising under this article shall not be\nenforceable unless approved by the appeal board and shall in no event\nexceed the benefit allowed, except as provided in paragraph (d) of this\nsubdivision. In approving any fee requested by a representative pursuant\nto this section, the appeal board shall consider the following factors:\n(i) the total benefit allowed; (ii) the time spent in providing\nrepresentation; (iii) the legal and factual complexities involved; and\n(iv) such other factors as the appeal board may deem relevant.\n (d) In addition to any fee which may be allowed by the appeal board\nfor services rendered to the claimant, an attorney representing a\nclaimant shall be entitled to a fee not to exceed the sum of five\nhundred dollars and necessary printing and other disbursements in each\nof the following cases: (1) On an appeal from a decision of the appeal\nboard in favor of the claimant. (2) On a motion for leave to appeal to\nthe court of appeals from a decision of the appellate division of the\nsupreme court which relates to a decision of the appeal board in favor\nof the claimant. (3) On an appeal to the court of appeals from a\ndecision of the appellate division of the supreme court which relates to\na decision of the appeal board in favor of the claimant. When a claimant\ntakes such appeal, the court shall allow a fee and disbursements only if\nit finds the appeal to have been meritorious.\n (e) The court shall appoint an attorney to represent the claimant if\nhe is unrepresented in each of the cases described in paragraph (d)\nhereof, except when the claimant takes an appeal to the court of\nappeals. Fees and disbursements provided in such paragraph (d) shall be\nfixed by the court in which the appeal is taken or the motion for leave\nto appeal is made. Such fees and disbursements shall be paid by the\ncommissioner as part of the expenses incurred in the administration of\nthis article.\n (f) Any person, firm, or corporation who shall exact or receive any\nremuneration or gratuity for any services rendered to or on behalf of a\nclaimant except as allowed by this section and in an amount approved by\nthe board or a court shall be guilty of a misdemeanor. The appeal board\nshall order the restitution of any fee paid by a claimant to a\nrepresentative to the extent that it exceeds the amount authorized by\nthis section.\n 2. Fees of witnesses and other expenses. Fees of witnesses and other\nexpenses, except representation services, involved in proceedings under\nthis article shall be paid at a rate to be established by regulation of\nthe commissioner except that such fees and other expenses involved in\nproceedings before referees and the appeal board shall be paid at a rate\nto be established by regulation of this board. Such fees or other\nexpenses shall be treated as expenses under this article.\n 3. Representatives; lists. * (a) The appeal board shall establish the\nqualifications and procedures for the registration of agents authorized\nto represent claimants in connection with any claims arising under this\narticle. An agent shall be registered as authorized to represent\nclaimants by providing the appeal board with his name, business address\nand telephone number and by posting a bond with the appeal board in the\namount of five hundred dollars for the benefit of claimants charged fees\nby said representative in excess of those approved pursuant to this\nsection and with respect to which restitution has been ordered pursuant\nto paragraph (f) of subdivision one of this section. An agent shall be\nregistered as authorized to represent an employer by providing the\nappeal board with a letter of authorization from the employer. No agent\nmay be registered who knowingly violates paragraph (c) of subdivision\none of this section.\n * NB Expires December 31, 2026\n (b) An attorney who is available to represent claimants may notify the\nappeal board by providing his name, business address and telephone\nnumber.\n * (c) The appeal board shall maintain lists of authorized agents and\nattorneys who are available to represent claimants and shall make such\nlists available to claimants on request.\n * NB Expires December 31, 2026\n