Section 1240-05-04-.04 - Representation by Counsel(1) Any party to a contested case hearing may be advised and represented, at the party's own expense, by a licensed attorney.(2) Any party to a contested case may represent himself or herself or, in the case of a corporation or other artificial person, may participate through a duly authorized representative such as an officer, director or appropriate employee.(3) A party to a contested case hearing may not be represented by a non-attorney, except in any situation where federal law requires or state law specifically permits.(4) The Department 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) The filing of pleadings;(b) The filing of a formal or informal notice of appearance; or(c) Appearance as counsel at a pre-hearing 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 Appeals and Hearings Division, or the Department of State, Administrative Procedures Division when applicable, and the hearing official.(8) Out-of-state counsel shall comply with T.C.A. § 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 Appeals and Hearings Division or Administrative Procedures Division, when applicable, with a copy to the hearing official presiding in the matter in which counsel wishes to appear.Tenn. Comp. R. & Regs. 1240-05-04-.04
Original rule filed February 26, 2007; effective May 12, 2007.Authority: T.C.A. §§ 4-5-202, 4-5-219, 4-5-301, 4-5-305, 4-5-312, 71-5-105(12) and 71-1-111.