Rules of Evidence
Are the rules of evidence the same in unemployment insurance hearings as they are in other courts?
No. The technical rules of evidence that apply in civil and criminal cases do not apply to administrative hearings. For example, hearsay evidence may be considered, although it generally will not count as heavily as firsthand testimony.
Can I Settle the Case
Can an unemployment insurance matter be settled between the employer and claimant prior to having a hearing?
No. A claimant cannot give away his or her right to unemployment insurance benefits under the Labor Law.
Fees
Can I charge a fee for representing a claimant?
Only an attorney licensed in New York or a representative registered with the Unemployment Insurance Appeal Board may charge and receive a fee. The Appeal Board’s regulations governing attorneys and registered representatives, including when and how they may receive a fee, is on our website, located in the Appeal Board Rules (Section 460.6).
For additional information, please refer to the document What Lawyers or Representatives Can Charge Claimants located in the Guides and Resources page.
How do I apply for fee approval after representing a claimant?
Attorneys and registered representatives appearing on a fee basis must apply to the board for approval of such fees in accordance with procedures set forth below.
Each application for a fee approval shall consist of the following:
- a copy of the fully executed retainer agreement;
- a copy of the itemized bill;
- a statement identifying additional factors to be considered by the board in reviewing such application; and
- a signed certification, on a form provided by the board (Certification of Services), attesting to the accuracy of the itemized bill; that benefits were allowed in a final decision in connection with said representation; and that copies of the itemized bill, retainer agreement and any statement of additional factors have been given to the claimant.
Applications must be submitted to the Appeal Board at PO Box 15126, Albany, NY 12212-5126, or by fax to 518-402-6208, or by email to [email protected].
Does the approved fee request come directly out of the claimant’s unemployment benefits?
No. The approved fee amount is paid by the claimant directly.
Becoming a Registered Representative
How do I become a registered representative?
Non-attorneys must submit an application to become a registered representative. The application and any supporting documentation are reviewed by the Chief Administrative Law Judge. If the basic requirements have been met, an interview is conducted. Upon approval by the Chief Judge, and after receipt of a surety bond, the applicant is listed as a Registered Representative and is eligible to assist claimants with Unemployment Insurance cases.