Ill. Admin. Code tit. 38 § 100.90

Current through Register Vol. 48, No. 50, December 13, 2024

Section 100.90 - Representation

a) A Party may be represented by an attorney who is licensed in Illinois or by an attorney otherwise permitted by law to practice in the State. Attorneys who appear in a representative capacity must file a written notice of appearance setting forth:

1) The name, address, email address, telephone number, and Supreme Court registration number of the attorney;

2) The name, address, and email address of the Party represented; and

3) An affirmative statement indicating that the attorney is licensed in Illinois or is appearing pro hac vice.

b) An attorney may withdraw his or her appearance as a representative only upon written notice to the Department and the Party represented stating the specific reasons for the withdrawal.

c) A law student licensed under Illinois Supreme Court Rule 711 may appear on behalf of any Party as permitted by Illinois Supreme Court Rule 711 and shall be subject to the same requirements as an attorney.

d) Attorneys admitted to practice in states or jurisdictions other than the State of Illinois may appear and be heard in a specific Hearing pro hac vice as authorized and in compliance with Illinois Supreme Court Rule 707. The attorney's appearance shall include documentation as to his or her eligibility or qualification under Illinois Supreme Court Rule 707.

e) Any individual may appear on his or her own behalf.

f) A corporation, limited liability company, professional limited liability company, or partnership must appear by legal counsel, licensed to practice in the State of Illinois or appearing pro hac vice.

g) Once an appearance is filed, a copy of all future filings shall be served upon the counsel of record, unless that counsel has withdrawn. In addition to that service, a copy may be served on the Party represented.

h) The standard of conduct shall be the same as before the Courts of Illinois. Attorneys appearing before the Department shall conform their conduct to the Illinois Rules of Professional Conduct. Any failure to behave in a manner consistent with those standards of conduct or this Part will authorize an ALJ to take the following actions:

1) Limitation of evidence;

2) Substitution of written argument in place of oral argument; or

3) If warranted, report of an attorney's misbehavior to the Attorney Registration and Disciplinary Commission of the Illinois Supreme Court.

i) If any of the actions authorized by subsection (h) are taken by the ALJ, it shall be done as a matter of record, and the ALJ shall state for the record the specific reasons for the action.

j) A Party sanctioned under this Section may request the decision be reviewed by the Director.

Ill. Admin. Code tit. 38, § 100.90

Adopted at 45 Ill. Reg. 12525, effective 9/23/2021.