815 R.I. Code R. 815-RICR-00-00-1.5

Current through December 3, 2024
Section 815-RICR-00-00-1.5 - Appearances and Practice before the Division
A. Appearances
1. Each party to and participant in a proceeding, other than an individual who appears 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 Division.
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 Division subject to the provisions of Rhode Island Supreme Court Rules Article II, Rule 9 or any successor rule.
c. The Division counsel must be an attorney, or otherwise exempt from the unauthorized practice of law pursuant to R.I. Gen. Laws § 11-27-11(7).
2. Any person compelled to appear or voluntarily testifying or making a statement before the Hearing Officer may be, but shall not be required to be accompanied, represented, and advised by an attorney.
3. All attorneys appearing before the Division 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 in his or her capacity as counsel for the Division, the Division may engage independent counsel, or continue to utilize the service of the Department of Attorney General, in which case the Attorney General shall designate different Assistants or Special Assistants to represent the Division and the State or its citizens, respectively.
B. Suspension
1. After hearing, the Division 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. Willful disobedience to an order of the Hearing Officer shall be grounds for exclusion of any person from such hearing and for summary suspension for the duration of the hearing(s) by the Hearing Officer.
C. Appearance of Present and Former Employees
1. No person who is an employee or legal consultant of 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 Division 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 Division.
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 Division

815 R.I. Code R. 815-RICR-00-00-1.5