---
kind: "section"
citation: "10 C.F.R. § 205.3"
title: "10"
number: "205.3"
heading: "Appearance before the DOE or a State Office."
url: "https://uscodex.org/cfr/10/205.3"
---

# §205.3. Appearance before the DOE or a State Office.

- (a) A person may make an appearance, including personal appearances in the discretion of the DOE, and participate in any proceeding described in this part on his own behalf or by a duly authorized representative. Any application, appeal, petition, request or complaint filed by a duly authorized representative shall contain a statement by such person certifying that he is a duly authorized representative, unless a DOE form requires otherwise. Falsification of such certification will subject such person to the sanctions stated in [18 U.S.C. 1001 (1970)](/usc/18/1001.md?p=1970).
- (b) **Suspension and disqualification—** The DOE or a State Office may deny, temporarily or permanently, the privilege of participating in proceedings, including oral presentation, to any individual who is found by the DOE—
  - (1) To have made false or misleading statements, either verbally or in writing;
  - (2) To have filed false or materially altered documents, affidavits or other writings;
  - (3) To lack the specific authority to represent the person seeking a DOE or State Office action; or
  - (4) **To have engaged in or to be engaged in contumacious conduct that substantially disrupts a proceeding.**

## Notes

### Authority

Authority: Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565 (42 U.S.C. 7101 et seq. ); Federal Power Act, Pub. L. 66-280, 41 Stat. 1063 (16 U.S.C. 792 et seq. ); E.O. 10485, 18 FR 5397, 3 CFR, 1949-1953, Comp., p. 970 as amended by E.O. 12038, 43 FR 4957, 3 CFR 1978 Comp., p. 136; E.O. 14154, 90 FR 8353. Pub. L. 95-91, 91 Stat. 565 (42 U.S.C. 7101); Pub. L. 66-280, 41 Stat. 1063 (16 U.S.C. Section 792 et seq. ); E.O. 10485, 18 FR 5397, 3 CFR, 1949-1953, Comp., p. 970 as amended by E.O. 12038, 43 FR 4957, 3 CFR 1978 Comp., p. 136; Department of Energy Delegation Order No. 00-002.00Q (Nov. 1, 2018).

### Source

Source: 39 FR 35489, Oct. 1, 1974, unless otherwise noted.

### Source

Source: 45 FR 71560, Oct. 28, 1980; 46 FR 63209, Dec. 31, 1981, unless otherwise noted.
