(a) Pursuant to subdivision c of § 20-406.3 of the Administrative Code, the Department may audit any process server that has served at least one summons, subpoena, notice, citation or other process, directing an appearance or response to a legal action, legal proceeding or administrative proceeding that is subject to the provisions of section 110 of the civil court act. In conducting such an audit, the Department may issue a subpoena by email to a process server for the period identified by the Department in such subpoena for the following records no longer than two months:
(1) Records that a process server is required to maintain pursuant to 6 RCNY § 2-233(a);
(2) Affidavits of service filed with a court by a process server or on behalf of a process server related to service;
(3) Records of the GPS location, time and date of attempted or effected service of process made pursuant to 6 RCNY § 2-233b(a)(2); and
(4) Documents sufficient to identify all traverse hearings scheduled to occur, whether or not held, by any court, including courts outside of New York City, concerning process served or attempted to be served, and any result of such hearings.
(b) Records described by paragraphs one through three of subdivision a of this section must be produced in electronic form, unless otherwise specified by the Department, and records described by paragraph four of subdivision a of this section may be produced in paper or electronic form. Records described in paragraph two of subdivision a of this section must be produced in chronological order.
(c) A process server must comply with a subpoena from the Department within 20 days of the date on which the subpoena was issued, provided that the monetary penalties authorized by 6 RCNY § 6-30 for violation of 6 RCNY § 2-240 will not apply while such subpoena is the subject of a pending judicial proceeding.
(d) By February 1st and August 1st of each calendar year, a process server must submit, by electronic means, a certification to the Department stating whether it has served at least one summons, subpoena, notice, citation or other process, directing an appearance or response to a legal action, legal proceeding or administrative proceeding that is subject to the provisions of section 110 of the civil court act in the most recent six-month period, as follows: the February 1st certification must cover the six-month period from July through December of the previous year; the August 1st certification must cover the six-month period from January through June of the current year.
(e) Nothing in this section limits the Department's authority to request or inspect records or information pursuant to any other provisions of law or rule, including, but not limited to, the Commissioner's authority to conduct audits of process servers and process serving agencies pursuant to the first sentence of subdivision c of § 20-406.3 of the Administrative Code.
(f) A process server or process serving agency must produce all subpoenaed or requested documents and records they are required to maintain pursuant to law or rule, even where they maintain their records with a third party.
(Added City Record 5/11/2020, eff. 6/10/2020; amended City Record 9/23/2022, eff. 10/23/2022)