Tenn. Comp. R. & Regs. 0620-04-02-.08

Current through December 10, 2024

Section 0620-04-02-.08 - REPRESENTATION BY COUNSEL

(1) Any party to a contested case hearing may be advised and represented, at the party's own expense, by a Tennessee-licensed attorney.

(2) Any individual party to a contested case or declaratory action may represent himself/herself pro se or, in the case of a corporation or other artificial person, may participate through a Tennessee-licensed attorney appointed to represent it. A corporation, partnership, Limited Liability Company or other artificial person may not represent itself pro se in an administrative proceeding or appeal therefrom nor can it be represented pro se by an officer or other non-lawyer agent.

(3) A party to a contested case hearing may not be represented by a non-attorney, except in any situation where federal law so requires or state law specifically so permits.

(4) The OIG shall notify all parties in a contested case hearing of their right to be represented by counsel. An appearance by a party at a hearing without counsel may be deemed a waiver of the right to counsel.

(5) Entry of an appearance by counsel shall be made by:

(a) filing of pleadings;

(b) filing of a formal or informal notice of appearance; or

(c) appearance as counsel at a prehearing conference or a hearing.

(6) After appearance of counsel has been made, all pleadings, motions, and other documents shall be served upon such counsel.

(7) Counsel wishing to withdraw shall give written notice to the agency and the Administrative Procedures Division.

(8) Out-of-state counsel shall comply with Tenn. Code Ann. § 23-3-103(a) and Supreme Court Rule 19, except that the affidavit referred to in Supreme Court Rule 19 shall be filed with the director of the Administrative Procedures Division or, as appropriate, with the OIG, with a copy to the administrative judge presiding in the matter in which counsel wishes to appear.

Tenn. Comp. R. & Regs. 0620-04-02-.08

Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.

Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.