Relates to the written examination for a licensed representative before the workers' compensation board.
TITLE OF BILL: An act to amend the workers' compensation law, in relation to licensed representatives
PURPOSE: This bill requires the administration of the test for a licensed representative before the Workers' Compensation Board.
SUMMARY OF PROVISIONS:
Section 1 amends the Workers' Compensation Law by adding a new section 126, to require the written examination for a licensed representative before the Workers' Compensation Board be administered within one year.of when this section takes effect and then at least once every two years thereafter.
Section 2 provides the effective date.
JUSTIFICATION: Currently, attorneys and licensed non-attorney representatives are eligible to represent clients before the Workers' Compensation Board. A non-attorney representative must receive licensure by the State Workers' Compensation Board before they are permitted to represent clients before the Board. To receive licensure a non-attorney representative must successfully complete the written examination administered by the State Workers' Compensation Board. State regulations only require that the licensed representative examination be administered. The regulations do not specify how often the examination must be administered.
Therefore, this bill is necessary to require the administration of the examination at least once every two years. It has been several years since the examination was last administered. This has prevented any new licensed representatives from being able to appear before the Workers' Compensation Board. Licensed representatives have been able to retire and leave the field but no new licensed representatives have been able to join the field to replace them. By requiring the administration of the examination at least once every two years this bill will ensure that new licensed representatives are able to join the field and replace those who retire.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: Minimal.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6227 IN SENATE (PREFILED) January 8, 2014 ___________Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to licensed representatives THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The workers' compensation law is amended by adding a new section 126 to read as follows: S 126. LICENSED REPRESENTATIVES. THE PRESCRIBED WRITTEN EXAMINATION FOR A LICENSED REPRESENTATIVE BEFORE THE BOARD SHALL BE ADMINISTERED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION AND THEN A MINIMUM OF AT LEAST ONCE EVERY TWO YEARS THEREAFTER. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13100-01-3