§45.10. Who may represent a party, and what requirements apply to a representative?
43 C.F.R. § 45.10
Individuals. A party who is an individual may either represent himself or herself in the hearing process under this subpart or authorize an attorney to represent him or her.
Organizations. A party that is an organization or other entity may authorize one of the following to represent it:
An attorney;
A partner, if the entity is a partnership;
An officer or agent, if the entity is a corporation, association, or unincorporated organization;
A receiver, administrator, executor, or similar fiduciary, if the entity is a receivership, trust, or estate; or
An elected or appointed official or an employee, if the entity is a Federal, State, Tribal, county, district, territorial, or local government or component.
Appearance. An individual representing himself or herself and any other representative must file a notice of appearance. The notice must:
Meet the form and content requirements for documents under § 45.11;
Include the name and address of the party on whose behalf the appearance is made;
If the representative is an attorney, include a statement that he or she is a member in good standing of the bar of the highest court of a state, the District of Columbia, or any territory or commonwealth of the United States (identifying which one); and
If the representative is not an attorney, include a statement explaining his or her authority to represent the entity.
Lead representative. If a party has more than one representative, the ALJ may require the party to designate a lead representative for service of documents under § 45.13.
Disqualification. The ALJ may disqualify any representative for misconduct or other good cause.
Notes, amendments, and revision history
Authority
Authority: 16 U.S.C. 797(e), 811, 823d.
Source
Source: 80 FR 17194, Mar. 31, 2015, unless otherwise noted.