New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle J - Division of Human Rights
Part 465 - Rules Of Practice
Section 465.13 - Representation by an attorney
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Appearance. If any party designates an attorney-at-law to represent the party before the division, such attorney shall file a notice of appearance with the division. An attorney-at-law who appears for a party to the proceeding at any stage therein, including an application for an injunction, shall be deemed to remain that party's attorney throughout the proceeding until:
(b) Notice to attorneys. Copies of all written communications or notices in the matter directed to the party shall be sent either to the attorney alone or to both the party and the attorney.
(c) Effectiveness of service. Service of any document or paper (except subpoenas and subpoenas duces tecum) in the matter on such attorney shall be deemed service on the party represented; provided, however, that the division may, in addition, serve any document or paper on the party such attorney represents.
(d) Who shall present case in support of complaint.
(e) The complainant's and respondent's attorneys shall have full and complete access to the file, and to copies (at reasonable cost) of documents necessary to the hearing, at an office maintained by the division convenient to such attorney, by appointment.
(f) The complainant's and respondent's attorneys shall consult with the division attorney, or with the administrative law judge at the hearing, concerning any proposed settlement of the case, for the purpose of preserving the public interest.
(g) The administrative law judge may, in the exercise of discretion, request the appearance of the division attorney.
(h) Public interest or legal question.
(i) Payment of award. When an attorney has ceased to represent a complainant, the division shall have no obligation to notify said attorney of any award of money to a complainant by way of conciliation, settlement, order after hearing or otherwise, and may consent to or order the delivery and payment of the award by the respondent to the complainant. When a complainant is represented by an attorney at the time of an award, the terms of payment thereof shall provide that said award shall be paid in the form of a check or draft made payable to the complainant but delivered to the complainant's attorney.