Right of Parties to ParticipateA. Parties and Their Representatives. Parties in a proceeding before the Court have the right to participate or to be represented in all hearings or pre-hearing conferences related to their case. Any party may be represented by an attorney admitted to practice, either permanently or pro hac vice. No one shall be permitted to represent a party where such representation would constitute the unauthorized practice of law. Any party which is not a natural person must be represented by an attorney. However, in cases arising under the Occupational Safety and Health Act, a partnership, corporation, or other business entity may be represented by an officer or employee. A party proceeding without legal representation shall remain fully responsible for compliance with these Rules and the Administrative Procedures Act. This Rule shall not be construed to permit law student practice except to the extent authorized by Rule 401 of the South Carolina Appellate Court RulesB. Notice of Appearance. After a case is assigned to an administrative law judge, an attorney or other person authorized to represent a party pursuant to this rule must file a notice of appearance with the presiding administrative law judge within ten days of being retained or authorized to represent the party.C. Motion to Withdraw from Representation. An attorney or other person authorized to represent a party pursuant to these Rules must file a written motion to withdraw from representation.D. Request for Protection. An attorney or other person authorized to represent a party pursuant to these Rules who wishes to receive protection from the Court from having a case set for hearing on certain dates must file a separate written request for protection with the assigned judge in each case the attorney or other representative has docketed with the Court.2019 Revised Notes
A party may be represented only by an attorney, or in OSHA cases only, a business entity may be represented by an officer or employee. Representation by a certified public accountant in tax matters is no longer permitted. Representation of a party before the Court is permitted only to the extent that such representation does not conflict with the rules governing the unauthorized practice of law. Any party which is not a natural person, such as corporations, partnerships, and other business entities, must be represented by an attorney in proceedings before the Court. Parties representing themselves are not relieved of the responsibility to comply with these Rules and the Administrative Procedures Act. A representative who is retained after assignment of the case must file a notice of appearance with the presiding administrative law judge within ten days of being retained, and any person representing a party before the Court must file a written motion with the presiding judge to withdraw from representation of that party. Subsection (D) is added to require attorneys seeking protection from having cases set for certain dates must file a separate request with the presiding judge in each case pending before the Court.