Identification Requirement for Representatives

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Thursday, October 15, 2020

Statement of Basis and Purpose of Proposed Rule

 

The Office of Administrative Trials and Hearings (OATH) is proposing to add a new subdivision (g) to Section 6-23 of Title 48 of the Rules of the City of New York, and to make corresponding amendments to subdivisions (e) and (f) of such Section. The provisions codified in Chapter 6 of Title 48 of the Rules of the City of New York govern ECB adjudicatory proceedings, as well as other proceedings under the jurisdiction of the OATH Hearings Division.

 

Section 6-23 lists the requirements that an individual must meet in order to serve as a registered representative before the OATH Hearings Division. Subdivision (g) would add an additional requirement: mandating that all registered representatives who appear before the OATH Hearings Division present valid government-issued photo identification in order to file a notice of appearance for an in-person hearing, or to submit any motions in person including, but not limited to, requests to reschedule and motions to vacate a default.

 

This proposed rule would facilitate the investigation of fraudulent submissions to OATH by ensuring that photo identification illustrating the identity any person submitting a document to the OATH Hearings Division in person is recorded. This proposed rule amendment will also deter individuals from falsely claiming to be a respondent’s representative with authority to act on the respondent’s behalf at an in-person OATH hearing. This proposed rule represents one step in OATH’s continuing efforts to identify and to stop impersonators, and thus protect the integrity of OATH proceedings.

Public Hearing
Subject: 

Identification Requirement for Representatives

Public Hearing Date: 
Thursday, October 15, 2020 - 11:00am
Contact: 

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