N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 302-2.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 302-2.7 - Advertising

(a) A representative may advertise as set forth in the provisions of this section. A representative shall not solicit, directly, indirectly or by implication, employment in compensation cases, except in connection with the representation of self-insured employers as specifically permitted by subdivision 3-b of section 50 of the Workers' Compensation Law.

(b) A licensed representative shall not use, disseminate or participate in the preparation of any public communication containing statements or claims that are false, deceptive or misleading.

(c) Advertising or other publicity by licensed representatives shall not contain puffery, self- laudation, or claims that cannot be measured or verified.

(d) If an advertisement is broadcast, it shall be prerecorded or taped and approved for broadcast by the licensed representative, and a recording or videotape of the actual transmission shall be retained by the licensed representative for a period of not less than three years following such transmission. All advertisements for services that are mailed, or are distributed other than by radio, television, directory, newspaper, magazine or other periodical, by a licensed representative shall also be subject to the following provisions:

(1) A copy of each advertisement shall at the time of its initial mailing or distribution be filed with the secretary of the board.

(2) Such advertisement shall contain no reference to the fact that such advertisement has been filed with the secretary.

(3) If such advertisement is directed to a predetermined addressee, a list, containing the names and addresses of all persons to whom the advertisement is being or will thereafter be mailed or distributed, shall be retained by the licensed representative for a period of not less than three years following the date of mailing or distribution.

(4) The requirements of this subdivision shall not apply to distribution of professional cards.

(e) A licensed representative shall not compensate or give anything of value to representatives of the press, radio, television or other communication medium in anticipation of or in return for professional publicity in a news item.

(f) All advertisements for services shall include the name, office address and telephone number of the licensed representative whose services are being offered, and shall clearly indicate the representative's identity as a Workers' Compensation Board licensed representative.

(g) Upon request, the secretary may issue an opinion as to whether an advertisement complies with this section. No advertisement shall mention the fact that such opinion has been issued.

(h) The above section applies solely to advertising for services rendered in connection with the license to represent parties before the Workers' Compensation Board.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 302-2.7