Tenn. Comp. R. & Regs. 1240-05-04-.04 - Representation by Counsel
(1) Any party to a
contested case hearing may be advised and represented, at the party's own
expense, by a licensed attorney.
(2) Any party to a contested case may
represent himself or herself or, in the case of a corporation or other
artificial person, may participate through a duly authorized representative
such as an officer, director or appropriate employee.
(3) A party to a contested case hearing may
not be represented by a non-attorney, except in any situation where federal law
requires or state law specifically permits.
(4) The Department shall notify all parties
in a contested case hearing of their right to be represented by counsel. An
appearance by a party at a hearing without counsel may be deemed a waiver of
the right to counsel.
(5) Entry of
an appearance by counsel shall be made by:
(a)
The filing of pleadings;
(b) The
filing of a formal or informal notice of appearance; or
(c) Appearance as counsel at a pre-hearing
conference or a hearing.
(6) After appearance of counsel has been
made, all pleadings, motions, and other documents shall be served upon such
counsel.
(7) Counsel wishing to
withdraw shall give written notice to the Appeals and Hearings Division, or the
Department of State, Administrative Procedures Division when applicable, and
the hearing official.
(8)
Out-of-state counsel shall comply with T.C.A. §
23-3-103(a) and
Supreme Court Rule 19, except that the affidavit referred to in Supreme Court
Rule 19 shall be filed with the director of the Appeals and Hearings Division
or Administrative Procedures Division, when applicable, with a copy to the
hearing official presiding in the matter in which counsel wishes to
appear.
Notes
Authority: T.C.A. §§ 4-5-202, 4-5-219, 4-5-301, 4-5-305, 4-5-312, 71-5-105(12) and 71-1-111.
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