What's happening
This bill requires the workers' compensation board to administer the licensed representative exam within one year and at least every two years after.
Why it matters
Reduces barriers to entry. By mandating that the licensed representative exam is administered at least every two years, the bill ensures that individuals seeking to become licensed representatives before the Workers’ Compensation Board have more predictable and frequent opportunities to qualify, potentially speeding up career entry and reducing bottlenecks.
Improves access to representation. More frequent exams could increase the pool of licensed representatives available to assist workers, employers, and insurers, which may result in better access to expert guidance and fairer outcomes in workers’ compensation cases.
Promotes accountability and planning. Establishing a clear statutory timetable for administering the exam holds the Workers’ Compensation Board accountable and provides clarity for prospective applicants, allowing them to plan their professional development and training accordingly.
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Who cares
Prospective licensed representatives
The bill would require the written examination for representing parties before the Workers’ Compensation Board to be offered within one year of taking effect and at least once every two years thereafter.
Workers’ Compensation Board
The bill would set a mandatory schedule for administering the licensed representative examination.
Parties seeking representation before the board
The bill would guarantee recurring examination opportunities for people seeking to qualify as licensed representatives.
Headline styles
Require Regular Exam for Reps
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
865
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
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 Assembly, do enact as follows:
Section 1. The workers' compensation law is amended by adding a new section 126 to read as follows:
§ 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06856-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 examination be administered at least once every two years, this legislation ensures that new licensed representatives are able to join the field and replace those who retire.
Legislative history
2015-2016: S.3309 - Referred to Labor/ 2013-2014: S.6227 - Referred to Labor / A.8967 - Referred to Labor
Fiscal implications
Minimal.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.