§ 221.10 - Who may represent a party, and what requirements apply to a representative?


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  • § 221.10 Who may represent a party, and what requirements apply to a representative?

    (a) Individuals. A party who is an individual may either represent himself or herself in the hearing process under this subpart or authorize an attorney to represent him or her.

    (b) Organizations. A party that is an organization or other entity may authorize one of the following to represent it:

    (1) An attorney;

    (2) A partner, if the entity is a partnership;

    (3) An officer or agent, if the entity is a corporation, association, or unincorporated organization;

    (4) A receiver, administrator, executor, or similar fiduciary, if the entity is a receivership, trust, or estate; or

    (5) An elected or appointed official or an employee, if the entity is a Federal, State, tribal, county, district, territorial, or local government or component.

    (c) Appearance. An individual representing himself or herself and any other representative must file a notice of appearance. The notice must:

    (1) Meet the form and content requirements for documents under § 221.11;

    (2) Include the name and address of the party on whose behalf the appearance is made;

    (3) If the representative is an attorney, include a statement that he or she is a member in good standing of the bar of the highest court of a state, the District of Columbia, or any territory or commonwealth of the United States (identifying which one); and

    (4) If the representative is not an attorney, include a statement explaining his or her authority to represent the entity.

    (d) Lead representative. If a party has more than one representative, the ALJ may require the party to designate a lead representative for service of documents under § 221.13.

    (e) Disqualification. The ALJ may disqualify any representative for misconduct or other good cause.