NYSPPSA Seeks 14 Day Grace Period for Process Server License Renewal
- February 23, 2014
- by Kimberly Faber
- Associations
- Legislation
After receiving numerous complaints from members regarding licensing renewal within the five boroughs of New York City, the New York State Professional Process Servers Association (NYSPPSA) has submitted a letter to the New York City Department of Consumer Affairs (NYC DCA) seeking clarification.
The Notice of License Renewal put forth by the NYC DCA states “You may not operate as a Process Server Individual after February 28, 2014, unless you have received your new license.” Complaints from process servers within the jurisdiction have been made to the NYSPPSA, listing glitches with technology, delays, and changes in the timeline. The complete notice from the NYC DCA can be viewed here.
The letter from NYSPPSA President Larry Yellon addresses “light areas of concern” and seeks a resolution as well as a grace period for applicants for licensing renewal.
Excerpts from the letter to NYC DCA:
Many of our members are concerned about the statement on the information sheet that states:
“You may not operate as a Process Server Individual after February 28, 2014, unless you have received your new license.”
Members who have contacted your office have been advised that even if a licensed Process Server has sent in the renewal application by the February 28, 2014, deadline, they will not be allowed to continue serving process after their old license expires until they have physically received the hard copy of their renewal license. Since we did not hear this information first hand we are seeking a confirmation of this policy.
We have also been receiving complaints, that there have been glitches with the system that has been causing delays of the data transmittal between the Department and the third party vendor. One process server has stated that it has taken him over a week of constantly calling both the Department and the third party before he was able to take the exam.
The NYSPPSA outlines complaints that system glitches have cause delays in data being transmitted, a process required in order for a process server to schedule an exam. Additional complaints note that the timeline for the current renewal period is different from the 2012 period.
The letter asks for a 14-day grace period that will allow process servers to continue to serve, listing the below key reasons:
- Renewal applicants having taken and passed an exam when granted their first license, and
- Clerical and technology delays that would cause “undue harm and suffering through no fault of their own” since a time lapse between the deadline and receipt of license would have been unforeseen by applying process servers.
In closing, the letter addresses the review and report of the effectiveness of existing laws and regulations as required under Local Law 2013/035, which, although expected to be filed on September 1st of last year, remains to be seen.
Complete Letter from NYSPPSA President Larry Yellon
If you are having trouble viewing the letter, click here.