Ill. Admin. Code tit. 56, § 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.
Notes
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