Section 501.9 (a)(ii):Comment from Sylvia Johnson, Administrative Law Representative

(2) Lay Representative. A non-attorney Representative may represent an Appellant before the Board. He or she may be an accredited Representative of an employee organization. While the current regulation includes accredited representative of an employee of an employee organization this change may open argument in the area of the principle of statutory construction known as expressio unis est exclusio alterius, whereby the expression of specific persons or things in a statute implies an intent to exclude all others. "May" is a much debated word.