Section 71 IAC 10-5-1 - Eligibility to appear and scope of practiceAuthority: IC 4-31-3-9; IC 4-31-6-9
Affected: IC 4-21.5-3-15; IC 4-31-5-1; IC 4-31-6-6; IC 4-31-13-1
Sec. 1.
(a) No person shall be eligible to practice before the commission unless the person has appeared in accordance with this title. An individual may appear on his or her own behalf, a partnership may be represented by a partner, and a party may be represented by a representative in accordance with IC 4-21.5-3-15.(b) Practice before the commission shall include all matters before the commission, including, but not limited to, applications, licensing, and all other matters pertinent to the hearing or review, including, but not limited to, the preparation of pleadings and motions, settlement offers, subpoenas, depositions, oral arguments, presentation of the case, and other documents or material presented to the commission.(c) Only individual attorneys may file appearances. Any attorney who has not filed an appearance may not address the hearing or review officer or sign pleadings or offers of settlement.(d) All attorneys who appear in a representative capacity on behalf of a licensee, permit holder, subject of exclusion (under IC 4-31-13-1 and 71 IAC 2-10-1), or other person must file written notice of appearance setting forth the following: (1) The name, address, and telephone number of the attorney.(2) The name and address of the licensee, permit holder, subject of exclusion, or other person represented.(3) An affirmative statement indicating that the attorney is licensed in Indiana and setting forth the attorney's number. A representative of a licensee, permit holder, a subject of exclusion, or other person who is not an attorney must set forth the information requested in subdivisions (1) and (2).
(e) A member in good standing of the bar of the highest court of any state or of any United States District Court may, upon motion, be permitted to argue or conduct a hearing in whole or in part upon any condition the commission may impose.(f) The commission may require an attorney or representative appearing before it to disclose the identity of the person the attorney or representative represents and to present proof that the attorney or representative is authorized to act on the client's behalf.(g) An attorney may only withdraw his or her appearance upon written notice to the hearing officer.Indiana Horse Racing Commission; 71 IAC 10-5-1; emergency rule filed Mar 20, 2007, 1:43 p.m.: 20070404-IR-071070198ERA, eff Mar 16, 2007 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #07-198E was filed with the Publisher March 20, 2007.]; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFAReadopted filed 11/10/2014, 2:07 p.m.: 20141210-IR-071140230FRAReadopted filed 10/7/2020, 2:27 p.m.: 20201104-IR-071200406RFAReadopted filed 9/18/2024, 12:40 p.m.: 20241016-IR-071230796RFAAgency cited as 71 IAC 10-4-1, which was renumbered by the Publisher as 71 IAC 10-5-1.