810 R.I. Code R. 810-RICR-00-00-1.5

Current through December 3, 2024
Section 810-RICR-00-00-1.5 - Appearances and Practice before the Commission
A. Appearances.
1. Each party to and participant in a proceeding, other than individuals who appear pro se, shall be represented by an attorney, who shall enter an appearance in writing with the Clerk.
a. Members of the Bar of the State of Rhode Island are eligible to practice before the Commission.
b. Members of the Bar of a Federal Court or of the highest court of any State or Territory of the United States are eligible to practice before the Commission subject to the provisions of Rhode Island Supreme Court Rule Article II, Rule 9, or any successor rule.
2. Any person compelled to appear or voluntarily testifying or making a statement before the Commission or the presiding officer may, but shall not be required to be accompanied, represented, and advised by an attorney.
3. All attorneys appearing before the Commission or the presiding officer must conform to the standards of ethical conduct required of practitioners before the courts of Rhode Island. An attorney may not represent two or more parties unless the parties have substantially similar interests; provided, however, that in the event a conflict develops between the Division and the Attorney General, as counsel for the Division, the Division may engage independent counsel, or continue to utilize the services of the Department of Attorney General, in which case the Attorney General shall designate different assistants to represent the Division and the State or its citizens, respectively.
4. Any person appearing before or transacting business with the Commission in a representative capacity may be required by the Commission or the presiding officer to file evidence of authority to act in such a capacity.
B. Suspension.
1. After hearing, the Commission may disqualify and deny, temporarily or permanently, the privilege of appearing or practicing before it in any way to any person who is found:
a. not to possess the requisite qualification to represent others, or
b. to have engaged in unethical or improper professional conduct, or
c. otherwise to be not qualified.
2. Contumacious conduct at any hearing before the Commission or a presiding officer shall be ground for exclusion of any person from such hearing and for summary suspension for the duration of the hearing by the Commission or the presiding officer.
C. Appearances of Present and Former Employees.
1. No person who is a Public Utilities Commissioner or an employee or legal consultant of the Commission or the Division, or the Department of the Attorney General, may appear personally or on behalf of or represent any other person or act as an expert witness before the Commission except in the performance of official duties.
2. No person having been so employed may, within one (1) year after employment has ceased, appear personally or on behalf of any other person or act as an expert witness before the Commission.
3. § 1.5(C)(2) of this Part shall not apply to any person whose employment has been solely as a technical consultant and/or expert witness, or to any employee or legal consultant to the Department of the Attorney General who has not engaged in the presentation or preparation of any matter before the Commission.
D. Appearances of Business Associates.
1. A business associate is an individual who owns a business, participates in a business partnership, or otherwise engages in a business in association with an employee or legal consultant of the Commission, the Division, or the Department of the Attorney General.
2. No business associate may appear personally or on behalf of or represent any other person or act as an expert witness before the Commission without Commission approval of a motion to so appear, in which the particulars of the business association are fully disclosed.

810 R.I. Code R. 810-RICR-00-00-1.5