N.Y. Workers' Compensation Law § 24-a: 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 a noncitizen 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

without fee in the case of all other persons, firms or corporations in

an amount to be fixed by said rules. 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. 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.

4. 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.