Rule 72 - Admission pro hac vice before administrative agencies of this State(a) Application. -Attorneys who are not members of the Delaware Bar may be admitted pro hac vice before the administrative agencies of this State and its political subdivisions in the discretion of such agencies and such admission shall be made only upon written motion substantially in compliance with Official Form O by a [an] active member of the Delaware Bar ("Delaware Counsel"?). Application for admission pro hac vice must be made separately before each agency in which admission is sought and separately for each matter before the agency. The admission of an attorney pro hac vice shall not relieve the moving attorney from responsibility to comply with any rule or order of the agency.(b) Certification. -Any attorney seeking admission pro hac vice shall certify the following in a statement attached to the motions:(i) Good standing. -That the attorney is a member in good standing of the Bar of another state;(ii) Professional conduct and principles. -That the attorney shall be bound by the Delaware Lawyers' Rules of Professional Conduct and has reviewed the Statement of Principles of Lawyer Conduct as set forth in Supreme Court Rule 71(b)(ii);(iii) Compliance with rules. -That the attorney and all attorneys of the attorney's firm who directly or indirectly provide services to the party or cause at issue shall be bound by all rules of the practice in this State and of the agency;(iv) Consent to service. -That the attorney has consented to the appointment of the Clerk of the Supreme Court as agent upon whom services of process may be made for all actions, including disciplinary actions, that may arise out of the practice of law under this Rule and any activities related thereto;(v) Prior appearances. -The number of actions in any court of record of Delaware and matters before administrative agencies of this State in which the attorney has appeared in the preceding 12 months;(vi) Assessment. -That a payment for the pro hac vice admission assessment determined by the Delaware Supreme Court is attached to be deposited in the registration fund of the Delaware Supreme Court for the purpose of the governance of the Bar and the administration of justice and to be distributed pursuant to approval of a majority of the members of the Supreme Court, which payments shall promptly be forwarded by the agency to the Supreme Court. The pro hac vice admission assessment shall be $375 in the calendar year 2015, $400 in calendar year 2016, and thereafter increased annually by the rate of inflation as determined by the Delaware Supreme Court. If the case in which the pro hac vice admission continues into a subsequent year after the year of admission, such assessment shall be deemed an annual assessment to be renewed and be payable on February 1 of each subsequent year and be deemed delinquent if not paid by March 1 of each subsequent year. A notice that a pro hac vice admission may be subject to renewal shall be mailed to Delaware counsel by this Court. It shall be the duty of Delaware counsel to complete the notice stating whether the case in which the pro hac vice admission was granted remains open and to supervise the remittance of the renewal assessment if the case in which the pro hac vice admission was granted remains open. Any Delaware lawyer who fails to file the pro hac vice renewal notice with or without assessment as appropriate by March 1 of each year shall pay a $50.00 late filing assessment.(vii) Disciplinary proceedings. -Whether the applying attorney has been disbarred or suspended or is the object of pending disciplinary proceedings in any jurisdiction where the applying attorney has been admitted generally, pro hac vice, or in any other way; and(viii) Other jurisdictions. -The identification of all states or other jurisdictions in which the applying attorney has at any time been admitted generally.(c) Delaware Counsel's duties. -Delaware Counsel for any party shall appear in the matter in which the motion for admission pro hac vice is filed and shall sign or receive service of all notices, orders, pleadings or other papers filed in the matter and shall attend all proceedings before the agency and representatives thereof, unless excused by the agency. Attendance of Delaware Counsel at depositions shall not be required unless ordered by the agency.(d) Withdrawal. -Withdrawal of attorneys admitted pro hac vice shall be permitted only by written order of the agency. All appearing attorneys shall continue as such and continue to perform the duties of counsel imposed by law, by the Delaware Lawyers' Rules of Professional Conduct and by the agency. Withdrawal of an attorney ordinarily will not be considered as a permissible ground for delay of a matter before an agency. An agency may revoke a pro hac vice admission sua sponte, or upon the motion of a party, if it is determined, after a hearing or other meaningful opportunity to respond, the continued admission pro hac vice to be inappropriate or inadvisable.(e) Filing. -The motion and certificate described in subsections (a) and (b) of this rule and the signed order granting admission shall be filed before the agency and a copy of each document shall be filed with the Delaware Supreme Court by the agency granting the pro hac vice admission as soon as reasonably possible, and they shall be filed no later than the date of the first appearance of the attorney who seeks admission pro hac vice before the agency in the matter for which admission is sought. The Court shall provide said copy to disciplinary counsel who shall be responsible for contacting Delaware counsel if the information contained in said copy is incomplete for the purposes of this rule.(f) Action by agency. -In exercising its discretion in ruling on a motion for admission pro hac vice, an agency shall also consider whether, in light of the nature and extent of the practice in the State of Delaware of the attorney seeking admission, that attorney is, in effect, practicing as a Delaware Counsel without complying with the Delaware requirements for admission to the Bar. In its consideration of this aspect of the motion, the agency may weigh the number of other admissions to practice sought and/or obtained by this attorney from Delaware courts, the question of whether or not the attorney in fact maintains an office in Delaware although the attorney is not admitted to practice in Delaware courts, and other relevant facts.(g) Delaware Counsel's certification. -The Delaware Counsel filing a motion pro hac vice for the admission of an attorney not a member of the Delaware Bar shall certify that the Delaware attorney finds the applicant to be a reputable and competent attorney, and is in a position to recommend the applicant's admission.Amended, effective 1/1/2009; amended January 20, 2015, effective 2/1/2015.