---
kind: "range"
citation: "7 C.F.R. §§ 1.610–1.613"
title: "7"
from: "1.610"
to: "1.613"
count: 4
url: "https://uscodex.org/cfr/7/1.610..1.613"
---

# §1.610. Who may represent a party, and what requirements apply to a representative?

- (a) **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.
- (b) **Organizations.** A party that is an organization or other entity may authorize one of the following to represent it:
  - (1) An attorney;
  - (2) A partner, if the entity is a partnership;
  - (3) An officer or agent, if the entity is a corporation, association, or unincorporated organization;
  - (4) A receiver, administrator, executor, or similar fiduciary, if the entity is a receivership, trust, or estate; or
  - (5) An elected or appointed official or an employee, if the entity is a Federal, State, Tribal, county, district, territorial, or local government or component.
- (c) **Appearance.** An individual representing himself or herself and any other representative must file a notice of appearance. The notice must:
  - (1) Meet the form and content requirements for documents under [§ 1.611](/cfr/7/1.611.md);
  - (2) Include the name and address of the party on whose behalf the appearance is made;
  - (3) 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
  - (4) If the representative is not an attorney, include a statement explaining his or her authority to represent the entity.
- (d) **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 [§ 1.613](/cfr/7/1.613.md).
- (e) **Disqualification.** The ALJ may disqualify any representative for misconduct or other good cause.

# §1.611. What are the form and content requirements for documents under this subpart?

- (a) **Form.** Each document filed in a case under [§§ 1.610 through 1.660](/cfr/7/1.610..1.660.md) must:
  - (1) Measure 8 1/2 by 11 inches, except that a table, chart, diagram, or other attachment may be larger if folded to 8 1/2 by 11 inches and attached to the document;
  - (2) Be printed on just one side of the page (except that service copies may be printed on both sides of the page);
  - (3) Be clearly typewritten, printed, or otherwise reproduced by a process that yields legible and permanent copies;
  - (4) Use 11 point font size or larger;
  - (5) Be double-spaced except for footnotes and long quotations, which may be single-spaced;
  - (6) Have margins of at least 1 inch; and
  - (7) **Be bound on the left side, if bound.**
- (b) **Caption.** Each document filed under [§§ 1.610 through 1.660](/cfr/7/1.610..1.660.md) must begin with a caption that sets forth:
  - (1) The name of the case under [§§ 1.610 through 1.660](/cfr/7/1.610..1.660.md) and the docket number, if one has been assigned;
  - (2) The name and docket number of the license proceeding to which the case under [§§ 1.610 through 1.660](/cfr/7/1.610..1.660.md) relates; and
  - (3) A descriptive title for the document, indicating the party for whom it is filed and the nature of the document.
- (c) **Signature.** The original of each document filed under [§§ 1.610 through 1.660](/cfr/7/1.610..1.660.md) must be signed by the representative of the person for whom the document is filed. The signature constitutes a certification by the representative that he or she has read the document; that to the best of his or her knowledge, information, and belief, the statements made in the document are true; and that the document is not being filed for the purpose of causing delay.
- (d) **Contact information.** Below the representative's signature, the document must provide the representative's name, mailing address, street address (if different), telephone number, facsimile number (if any), and electronic mail address (if any).

# §1.612. Where and how must documents be filed?

- (a) **Place of filing.** Any documents relating to a case under [§§ 1.610 through 1.660](/cfr/7/1.610..1.660.md) must be filed with the appropriate office, as follows:
  - (1) Before NFS refers a case for docketing under [§ 1.626](/cfr/7/1.626.md), any documents must be filed with NFS by directing them to the “Deputy Chief, NFS.”
    - (i) **For delivery by regular mail, address to USDA Forest Service, Attn—** Lands Staff, Mail Stop 1124, 1400 Independence Ave. SW., Washington, DC 20250-1124.
    - (ii) **For delivery by hand or private carrier, deliver to USDA Forest Service, Yates Bldg.** (4 SO), 201 14th Street SW., Washington, DC (SW. corner of 14th Street and Independence Ave. SW.); phone (202) 205-1248; facsimile (703) 605-5117. Hand deliverers must obtain an official date-time-stamp from Lands Staff.
  - (2) The Forest Service will notify the parties of the date on which NFS refers a case for docketing under [§ 1.626](/cfr/7/1.626.md). After that date, any documents must be filed with:
    - (i) The Hearing Clerk, if OALJ will be conducting the hearing. The Hearing Clerk's address, telephone number, and facsimile number are set forth in [§ 1.602](/cfr/7/1.602.md); or
    - (ii) The hearings component of or used by another Department, if that Department will be conducting the hearing. The name, address, telephone number, and facsimile number of the appropriate hearings component will be provided in the referral notice from the Forest Service.
- (b) **Method of filing.**
  - (1) A document must be filed with the appropriate office under [paragraph (a)](#a) of this section using one of the following methods:
    - (i) By hand delivery of the original document and two copies;
    - (ii) By sending the original document and two copies by express mail or courier service; or
    - (iii) **By sending the document by facsimile if—**
      - (A) The document is 20 pages or less, including all attachments;
      - (B) The sending facsimile machine confirms that the transmission was successful; and
      - (C) **The original of the document and two copies are sent by regular mail on the same day.**
  - (2) Parties are encouraged, and may be required by the ALJ, to supplement any filing by providing the appropriate office with an electronic copy of the document on compact disc or other suitable media. With respect to any supporting material accompanying a request for hearing, a notice of intervention and response, or an answer, the party may submit in lieu of an original and two hard copies:
    - (i) An original; and
    - (ii) **One copy on a compact disc or other suitable media.**
- (c) **Date of filing.** A document under this subpart is considered filed on the date it is received. However, any document received after 5 p.m. at the place where the filing is due is considered filed on the next regular business day.
- (d) **Nonconforming documents.** If any document submitted for filing under this subpart does not comply with the requirements of this subpart or any applicable order, it may be rejected.

# §1.613. What are the requirements for service of documents?

- (a) **Filed documents.** Any document related to a case under [§§ 1.610 through 1.660](/cfr/7/1.610..1.660.md) must be served at the same time the document is delivered or sent for filing. Copies must be served as follows:
  - (1) A complete copy of any request for a hearing under [§ 1.621](/cfr/7/1.621.md) must be delivered or sent to FERC and each license party, using one of the methods of service in [paragraph (c)](#c) of this section or under [18 CFR 385.2010(f)(3)](/cfr/18/385.2010.md?p=f-3) for license parties that have agreed to receive electronic service.
  - (2) A complete copy of any notice of intervention and response under [§ 1.622](/cfr/7/1.622.md) must be:
    - (i) Delivered or sent to FERC, the license applicant, any person who has filed a request for hearing under [§ 1.621](/cfr/7/1.621.md), and the Forest Service office that submitted the preliminary conditions to FERC, using one of the methods of service in [paragraph (c)](#c) of this section; and
    - (ii) Delivered or sent to any other license party using one of the methods of service in [paragraph (c)](#c) of this section or under [18 CFR 385.2010(f)(3)](/cfr/18/385.2010.md?p=f-3) for license parties that have agreed to receive electronic service, or by regular mail.
  - (3) A complete copy of any answer or notice under [§ 1.625](/cfr/7/1.625.md) and any other document filed by any party to the hearing process must be delivered or sent to every other party to the hearing process, using one of the methods of service in [paragraph (c)](#c) of this section.
- (b) **Documents issued by the Hearing Clerk or ALJ.** A complete copy of any notice, order, decision, or other document issued by the Hearing Clerk or the ALJ under [§§ 1.610 through 1.660](/cfr/7/1.610..1.660.md) must be served on each party, using one of the methods of service in [paragraph (c)](#c) of this section.
- (c) **Method of service.** Unless otherwise agreed to by the parties and ordered by the ALJ, service must be accomplished by one of the following methods:
  - (1) By hand delivery of the document;
  - (2) By sending the document by express mail or courier service for delivery on the next business day;
  - (3) **By sending the document by facsimile if—**
    - (i) The document is 20 pages or less, including all attachments;
    - (ii) The sending facsimile machine confirms that the transmission was successful; and
    - (iii) The document is sent by regular mail on the same day; or
  - (4) By sending the document, including all attachments, by electronic means if the party to be served has consented to that means of service in writing. However, if the serving party learns that the document did not reach the party to be served, the serving party must re-serve the document by another method set forth in [paragraph (c)](#c) of this section (including another electronic means, if the party to be served has consented to that means in writing).
- (d) **Certificate of service.** A certificate of service must be attached to each document filed under [§§ 1.610 through 1.660](/cfr/7/1.610..1.660.md). The certificate must be signed by the party's representative and include the following information:
  - (1) The name, address, and other contact information of each party's representative on whom the document was served;
  - (2) The means of service, including information indicating compliance with paragraph [(c)(3)](#c-3) or [(c)(4)](#c-4) of this section, if applicable; and
  - (3) **The date of service.**