Notice of Adoption - Process Server Audits

Adopted Rules: Closed to Comments

Effective Date: 
Wednesday, June 10, 2020
Agency:
Keywords:
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose of Rule

 

The Department of Consumer Affairs (“DCA” or “Department”) is amending the rules governing process servers to implement Local Law 112 of 2019, which requires the Department to conduct audits of certain process servers and creates a notification system for, among other things, suspensions and revocations of, and denials of applications for, process server licenses. 

 

In general, process servers are engaged in the business of serving summonses, subpoenas, notices, citations, or other process that direct an appearance or response to a legal or administrative proceeding. These amendments to subchapter W of chapter 2 of title 6 of the Rules of the City of New York outline the specific documents that the Department may request by subpoena from a process server in connection with an audit by the Department.  These rules also explain the procedures surrounding the audit process, including that a process server must produce most of the documents requested electronically, must respond to the subpoena within 20 days, and must certify twice annually whether it has served process in housing court within the previous six months.  Finally, these rules also require process servers and process serving agencies to provide an email address to the Department.

 

In the Notice of Public Hearing, the Department proposed that a subpoena would include a request for, among other things, records required to be kept pursuant to 6 RCNY § 2-233 and § 2-233a.  After further consideration, the Department determined that it would request only records required to be kept pursuant to §2-233a, which requires electronic retention of the original records required to be kept by §2-233.  For purposes of the subpoena authorized by this rule, the Department determined that it does not need to require submission of the original records required to be maintained by §2-233.