Section 300.17 of Title 12 NYCRR is amended to read as follows:

Section 300.17. Notices of retainer, appearance and substitution, and fees of claimant's attorney or licensed representative.

In the representation of a claimant before the board or a Workers' Compensation Law [judge] Judge in any case:

• (a) An attorney or licensed representative shall file a notice of retainer and appearance, and, when appropriate, a notice of substitution, on forms prescribed by the [chairman] chair, [prior to or at the first appearance of such attorney or licensed representative] immediately upon being retained. The attorney or licensed representative shall also transmit a copy of such notice to the insurance carrier, self-insured or other representative of the employer at the time of filing.
• (b) An attorney or licensed representative, substituted for a former attorney or licensed representative, shall immediately upon being retained serve the former attorney or licensed representative with a copy of the notice of substitution. [No fee shall be approved or fixed, in accordance with subdivision (d) of this section, for the services of any such attorney or licensed representative with fee who has failed or neglected to serve and file the required notice of retainer and appearance or the required notice of substitution.]
• (c) No fee shall be approved or fixed, in accordance with subdivision (f) of this section, for the services of any such attorney or licensed representative with fee who has failed or neglected to serve and file the required notice of retainer and appearance or the required notice of substitution.
• [(c)] (d)(1) An attorney or licensed representative shall file an application upon a form [prescribed by the chairman] OC-400.1 in each instance where a fee is requested pursuant to sections 24 and 24-a of the Workers' Compensation Law, except that where the fee requested is not more than $450, the attorney or licensed representative may, in lieu of such written application, make an oral statement on the record as to the services rendered and the time spent for the performance of such services. Notwithstanding the foregoing, the board may require a written application on form OC-400.1 for a fee of $450 or less. [Form OC-400.1 is to be used for such purpose.] Any form OC-400.1 filed shall be accurately completed.
• (2) All fees awarded at a hearing are to be made in the presence of the claimant, except that the Workers' Compensation Law [judge] Judge may, in his or her discretion, waive this requirement if the amount of the fee requested is not more than $450, provided that the attorney or licensed representative makes a statement on the record as to the services rendered and the time spent for the performance of such services.
• (3) In any case where the claimant is not present and the amount of the fee requested is more than $450, the claimant must be advised of the amount requested by the attorney or licensed representative 10 days in advance of the awarding of a fee. Proof of service by mail or otherwise on the copy of form OC-400.1 filed with the board, may be accepted as evidence that the claimant has been so advised.
• (e) Whenever a fee is requested in excess of $450 for services rendered in conciliation, administrative determination, agreement pursuant to section 32 of the Workers' Compensation Law or conference calendar processing, the request is to be made upon form OC-400.1 in each instance where a fee is requested. The claimant must be advised of the amount requested the service rendered and the time spent for the performance of the services by the attorney or licensed representative 10 days prior to the awarding of a fee. Proof of service by mail or otherwise on the copy of form OC-400.1 filed with the board, may be acceptable as evidence that the claimant has been so advised. Fees awarded in conciliation, administrative determination, agreement pursuant to section 32 of the Workers' Compensation Law or conference calendar processing, may be approved by a conciliator or designee of the Chair.
• [(d)] (f) Whenever an award is made to a claimant who is represented by an attorney or licensed representative with fee, and a fee is requested, the board in such case shall approve a fee in an amount commensurate with the services rendered and having due regard for the financial status of the claimant and whether the attorney or licensed representative engaged in dilatory tactics or failed to comply in a timely manner with board rules. In no case shall the fee be based solely on the amount of the award.
• [(e)] (g) Whenever an attorney or licensed representative is notified, by notice of substitution or otherwise, that the claimant has terminated his or her retainer, the attorney or licensed representative, in each instance where a fee is requested for services rendered for which no previous fee has been approved, shall file an application for such final fee forthwith on [the prescribed] form [, except that where] OC-400.1, and serve a copy upon the claimant. The claimant must be advised of the amount requested, the service rendered and the time spent for the performance of the services by the attorney or licensed representative, 10 days prior to the awarding of a fee. Proof of service by mail or otherwise on the copy of form OC-400.1 filed with the board, may be acceptable as evidence that the claimant has been so advised. Where the fee requested is not more than $450, the attorney or licensed representative may make an oral statement on the record as to the services rendered and the time spent for the performance of such services, at the first hearing held following notice to such attorney or licensed representative that the retainer has been terminated.
• [(f)] (h) No fee shall be awarded to a claimant's attorney or licensed representative unless the attorney or licensed representative has complied with the requirements of this section.