(a) Requirements. A Representative, other than a family member of a Respondent, who appears on behalf of two (2) or more Respondents before the Tribunal within a calendar year must:
(1) Be at least eighteen (18) years of age;
(2) Register with the Tribunal by completing and submitting a form prescribed by the Tribunal. The Representative must also submit proof of identity acceptable to the Tribunal and any other information that the Tribunal may require. Registration must be renewed every two (2) years;
(3) Notify the Tribunal within ten (10) business days of any change in the information required on the registration form;
(4) Accurately represent the services and qualifications offered. A Representative must not falsely claim to be an attorney or a governmental employee, or falsely imply as much. A Representative who is not an attorney admitted to practice in New York State shall be referred to as "representative" when appearing before the Tribunal;
(5) Exercise due diligence in:
(i) Learning and following Tribunal rules;
(ii) Preparing and submitting documents on behalf of the Respondent, including timely motions and appeals;
(iii) Acquiring basic knowledge of the facts and applicable law charged in the summons;
(iv) Appearing on scheduled hearing dates;
(v) Ensuring that written statements or documents submitted to the Tribunal are what the statements or documents are purported to be and that witnesses making oral statements are who the witnesses purport to be;
(vi) Acting in the Respondent's best interests and according to lawful instructions from the Respondent; and
(vii) Avoiding conflicts that would impair the Representative's ability to act in the Respondent's best interests.
(b) In order to appear on behalf of a Respondent, a registered Representative must:
(1) Provide an authorization form prior to the hearing; and
(2) Retain the authorization form with the signature of the person authorizing the Representative and produce it to the Tribunal upon request. If such signature is executed as a paper signature, it must be an original signature. If such signature is executed as an electronic signature, such signature must be in a format identified as acceptable on a website maintained or controlled by OATH. Failure to produce this form with an original or acceptable electronic signature creates a rebuttable presumption that the registered Representative is not authorized to represent the Respondent through the end of the proceeding.
(c) Discipline. A Representative will be subject to discipline, including but not limited to suspension or bar from appearing before the Tribunal, for failing to follow the provisions of this section, 48 RCNY § 6-25, and any other rules of the Tribunal; and
(d) A Representative must provide valid government-issued photo identification acceptable to the Tribunal when filing notices of appearance for an in-person hearing or when submitting motions in person, including, but not limited to, requests to reschedule and motions to vacate a default.
(Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 12/30/2020, eff. 1/29/2021; amended City Record 8/11/2022, eff. 9/10/2022)