New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 80

Executive Department

Browse the NYCRR by title, part, and section.

6 sections

Title 9 is open to everyone.

Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.

Source version current through Jul 31, 2022

All 6 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 80.1 - Representation by counsel permitted

Later State Register activity may affect this section.

Top
Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022

An applicant for a license or permit or the holder of a license or permit under the Alcoholic Beverage Control Law may be represented by counsel provided the attorney shall be a member of the Bar of the State of New York in good standing.

9 NYCRR 80.2 - Attorney of record

Later State Register activity may affect this section.

Top
Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022

An attorney retained in connection with any proceeding, as defined in section 168 of the Executive Law, shall be deemed the attorney of record pursuant to the provisions thereof, provided he shall file the notice of retainer and appearance, prescribed by the State Liquor Authority, prior to or at the time of his first appearance in the proceeding.

9 NYCRR 80.3 - Successor attorney

Later State Register activity may affect this section.

Top
Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022

Where another attorney was previously retained in connection with such proceeding, the substituted attorney shall file the notice of substitution and appearance, prescribed by the State Liquor Authority, prior to or at the time of his first appearance in the proceeding. The substituted attorney shall also certify that a copy of said notice of substitution and appearance has been served on the superseded attorney, or, if not, will be served by regular mail or otherwise within 24 hours.

9 NYCRR 80.4 - Place of filing notices

Later State Register activity may affect this section.

Top
Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022

The appropriate notice of retainer and appearance or notice of substitution and appearance shall be filed with the local alcoholic beverage control board or zone office of the authority at which the attorney filing the same makes his first appearance in the proceeding or files, by mail or otherwise, and application for a license or permit in behalf of his client. Where such notice is filed at a local alcoholic beverage control board, the same shall be filed in duplicate.

9 NYCRR 80.5 - Separate notices to be filed in each proceeding

Later State Register activity may affect this section.

Top
Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022

Whenever an attorney shall represent the same party or parties in more than one proceeding before the Division of Alcoholic Beverage Control, a separate notice of retainer and appearance shall be filed in each proceeding.

9 NYCRR 80.6 - Service upon attorney of record

A matched Register action is not later than the compiled-text reference date.

Top
Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Jul 31, 2022
Related Register notice
LQR-36-21-00002-A · Adopted rule
Related notice published
Mar 9, 2022
Related notice effective date
Mar 9, 2022
(a)Service of any notice or communication by regular mail or electronic means upon the attorney or authorized representative of record designated in the notice of retainer and appearance or notice of substitution and appearance last filed with the authority shall be deemed proper service on the party represented.
(b)Such notice of appearance shall include an email address for the purpose of service of papers related to the proceeding.
(c)For purposes of this section, electronic means is any method of transmission of information, between computers or other devices, designed for the purpose of sending and receiving such transmissions and which allows the recipient to reproduce the information transmitted in a tangible medium of expression.

Back to top

LawEngine makes the New York Codes, Rules and Regulations easier to find, read, and research.