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Form a Business

Rules of Conduct

RCNY tit. 60, ch. 2, subch. B
in effect

60 RCNY § 2-11 Representation and Appearances.

§ 2-11 Representation and Appearances. (a) A party may appear in-person, by an attorney, or by any representative of their choosing. A person appearing for a party, including by telephone or video conference, is required to file a notice of appearance with the Commission and must file a copy with the agency once representation has been established. An appeal request submitted by an attorney or representative of an appellant shall be deemed to constitute the filing of a notice of appearance by that person. The filing of any papers by an attorney or representative who has not previously appeared shall constitute the filing of a notice of appearance by that person and shall conform to the requirements of subdivision (c) of this section. All communication to the Commission and the agency must be made through appellant's attorney or representative. (b) No application shall be made or argued by any attorney or other representative who has not filed a notice of appearance. Participation in a telephone or video conference call on behalf of a party by an attorney or representative of the party shall be deemed an appearance by the attorney or representative. Nonetheless, upon making such an appearance, the attorney or representative must file a notice of appearance in conformity with subdivision (c) of this section. (c) A person may not file a notice of appearance on behalf of a party unless they have been authorized by that party to represent the party at the Commission. Filing a notice of appearance constitutes a representation that the person appearing has been so authorized. Filing a notice of appearance pursuant to 60 RCNY § 2-11(a) constitutes a representation that the person appearing has read and is familiar with the rules of this subchapter. (Added City Record 11/3/2022, eff. 12/3/2022)

60 RCNY § 2-12 Conduct; Suspension from Practice at the Commission.

§ 2-12 Conduct; Suspension from Practice at the Commission. (a) All individuals interacting with the Commission, whether in person or in writing, must comply with the rules of this subchapter and must conduct themselves at all times in a dignified, orderly and decorous manner and must comply with the orders and directions of the Commission. (b) In the context of a hearing, all parties, their attorneys or representatives, and witnesses must address themselves only to the sitting Commissioners, must avoid conversation and argument among themselves, and must cooperate with the orderly conduct of the proceeding. (c) Attorneys or other representatives of the parties appearing before the Commission must be familiar with the rules of this subchapter. (d) Attorneys appearing before the Commission must conduct themselves in accordance with the canons, ethical considerations, and disciplinary rules set forth in the New York Rules of Professional Conduct in all aspects of an appeal. (e) If an attorney or other representative of a party persistently fails to abide by the standards of conduct stated in paragraphs (a) through (d) of this section, the Chair may, in the Chair's discretion, upon notice to the attorney or representative and a reasonable opportunity to rebut the claims against them, suspend that attorney or representative from appearing at the Commission, either for a specified period of time or indefinitely until the attorney or representative demonstrates to the satisfaction of the Chair that the basis for the suspension no longer exists. (Added City Record 11/3/2022, eff. 12/3/2022)

60 RCNY § 2-13 Ex Parte Communication.

§ 2-13 Ex Parte Communication. Except for ministerial matters, by consent, in an emergency, or pursuant to an in camera review, communication with the Commission concerning any issue material to a pending appeal, whether written or oral, shall only occur with all parties present; or will be deemed an ex parte communication. If the Commission receives an ex parte communication, the Commission may require the offending party to cure it. (Added City Record 11/3/2022, eff. 12/3/2022)

60 RCNY § 2-14 Recusal of Civil Service Commissioners.

§ 2-14 Recusal of Civil Service Commissioners. (a) A motion for recusal of any Commissioner to preside over any individual appeal must be addressed to that Commissioner and to the Chair and must be accompanied by a statement of the reasons for such application. The motion must be made as soon as practicable after a party has reasonable cause to believe that grounds for recusal exist. (b) A Commissioner shall be recused for bias, prejudice, interest, or any other cause for which a judge may be recused in accordance with § 14 of the New York Judiciary Law. A Commissioner may, on motion of any party or on their own motion, withdraw from any individual appeal, where in the Commissioner's assessment, their ability to provide a fair and impartial review and disposition might reasonably be questioned. (Added City Record 11/3/2022, eff. 12/3/2022)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-134948Fetched: 10/24/2026

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