43 C.F.R. § 45.10

Current through November 30, 2024
Section 45.10 - 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 § 45.11 ;
(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 § 45.13 .
(e)Disqualification. The ALJ may disqualify any representative for misconduct or other good cause.

43 C.F.R. §45.10