Proposed Amendments to Rules Governing Process Servers

Proposed Rules: Open to Comments

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Friday, February 28, 2020
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Statement of Basis and Purpose of Proposed Rule

The Department of Consumer Affairs (“DCA” or “Department”) is proposing amendments to 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 denied 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 proposed amendments to subchapter W of chapter 2 of title 6 of the Rules of the City of New York would outline the specific documents that the Department may request by subpoena from a process server in connection with an audit by the Department.  These proposed rules would 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 proposed rules would also require process servers and process serving agencies to provide an email address to the Department.

Sections 1043 and 2203(f) of the New York City Charter, Sections 20-104(b), 20-406.3 and 20-408 of the New York City Administrative Code, and Local Law 112 of 2019 authorize the Department to make this proposed rule.  This proposed rule was not included in the Department’s regulatory agenda for this Fiscal Year because it was not contemplated when the Department published the agenda. 

Public Hearing
Subject: 

.Proposed Amendments to Rules Governing Process Servers

Public Hearing Date: 
Friday, February 28, 2020 - 10:30am
Contact: 

Carlos Ortiz; 212 436 0345; cortiz@dca.nyc.gov

Location: 
Department of Consumer Affairs
42 Broadway, 5th Floor
New York, NY 10004