NYSPPSA continues to stay on top of the DCA requirements, requesting important clarifications that garner a relatively quick response from them.
The latest clarification comes in reference to the PROCESS SERVING AGENCY ELECTRONIC DEVICE CERTIFICATION form in the renewal application, which cites 6 RCNY section 2-233b. This rule creates an option for agencies for third party contractors for electronic records, but not a mandate. However, the form states it must be filled out or the license would not be renewed.
In Larry Yellon’s letter to the DCA, he inquires about the contradiction found in the form which seems to imply agencies and not only process servers are required to have a third party contractor for their electronic records. The DCA’s concise response acknowledges this form is not applicable to agencies unless they have entered into a contract with a third party to provide these services on behalf of their process servers.
See Larry Yellon’s Letter here: Clarification Request
See the DCA’s response here: DCA Response