Ill. Admin. Code tit. 56 § 2605.240

Current through Register Vol. 48, No. 49, December 6, 2024

Section 2605.240 - Representation and Appearance

a) Only attorneys licensed to practice law in Illinois may represent any other individuals or entities in an Administrative Hearing proceeding before the Department. Any party may be represented by an attorney, provided that the attorney is licensed to practice law in Illinois or by an attorney who is permitted to practice law in Illinois under Article VII of the Illinois Supreme Court Rules. Attorneys who appear in a representative capacity must file a written Notice of Appearance setting forth the following:

1) The name, address, telephone number, and Attorney Registration and Disciplinary Commission (ARDC) number of the attorney upon whom service of papers may be made;

2) The name and address of the party represented; and

3) An affirmative statement indicating that the attorney is licensed to practice law in Illinois.

b) A natural person, who is a party, may appear and be heard on that person's own behalf. A party may use an interpreter if necessary.

c) A corporation or association may be represented by a corporate officer provided that officer is qualified to practice law in Illinois, as set forth in subsection (a), and upon presentation to the Department of a duly executed resolution of the board of directors authorizing the officer to act in a representative capacity and setting forth the powers the officer is authorized to exercise.

d) A partnership may be represented by a general partner provided that general partner is qualified to practice law in Illinois, as set forth in subsection (a), upon presentation to the Department of written authorization from all the partners authorizing the general partner to act in a representative capacity.

e) All attorneys appearing in Administrative Hearing proceedings before the Hearing Officer shall conform their conduct to the Illinois Rules of Professional Conduct (Article VIII of the Illinois Supreme Court Rules). In the event that an attorney's behavior substantially impairs the administration of the Administrative Hearing, the Hearing Officer may take the following actions in a progressive manner:

1) Limitation of evidence;

2) Substitution of written argument for oral argument;

3) Exclusion of the attorney from the proceeding;

4) Suspension or revocation of the attorney's right to appear before the Hearing Officer in that contested case.

f) If the Hearing Officer takes any of the actions listed in subsection (e), it shall be done as a matter of record, and the Hearing Officer shall state for the record the specific reasons for the action.

g) Non-attorneys appearing in proceedings before the Department shall be courteous and dignified and shall maintain the decorum of the tribunal.

h) An attorney may withdraw an appearance or representation only upon motion and appropriate ruling by the Hearing Officer. However, substitution of attorneys is permitted without motion, provided notice is given to all parties and to the Hearing Officer, as long as the substitution will not delay the proceedings, and a statement to that effect is contained in the notice.

Ill. Admin. Code tit. 56, § 2605.240

Amended at 43 Ill. Reg. 4056, effective 3/19/2019