N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-9.5

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

Section 380-9.5 - Fee structure

(a) The carrier, self-insured employer, or if applicable, the board, shall submit the arbitration fee, together with its response to the initiating party's request for arbitration. In the event that the carrier, self-insured employer, or the board initiates the arbitration, such arbitration fee shall be due when the request for arbitration is filed.

(b) The chair shall set the maximum fees for arbitration. Such maximum fees may be adjusted from time to time but no more frequently than annually. For the year beginning January 1, 2018:

(1) For desk arbitrations, the dispute resolution forum will receive a fee not to exceed $350, and the arbitrator shall receive a fee not to exceed $200.

(2) For arbitrations in which an oral hearing is held, the dispute resolution forum will receive a fee not to exceed $450, and the arbitrator shall receive a fee not to exceed $175 per hour.

(c) If multiple carriers or self-insured employers are parties to an arbitration, or the board is a party, each will be charged an equal shares of the fees.

(d) Unless a different arrangement is agreed to between the dispute resolution forum and the carrier or self-insured employer, a carrier that fails to submit the required filing fee to the dispute resolution forum with its response to an employee's request for arbitration, within 14 days, may result in a finding that the carrier or self-insured employer has waived all defenses. The carrier or self-insured employer shall be responsible for the arbitration fees together with simple interest thereon.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-9.5

Adopted New York State Register July 19, 2017/Volume XXXIX, Issue 29, eff. 7/19/2017