TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101 GENERAL RULES
SECTION 101.400 APPEARANCES, WITHDRAWALS, AND SUBSTITUTIONS OF ATTORNEYS IN ADJUDICATORY PROCEEDINGS


 

Section 101.400  Appearances, Withdrawals, and Substitutions of Attorneys in Adjudicatory Proceedings

 

a)         Appearances.  A person who is a party in a Board adjudicatory proceeding may appear as follows:

 

1)         Individuals may appear on their own behalf or through an attorney-at-law licensed and registered to practice law. (Section 1 of the Attorney Act [705 ILCS 205/1])

 

2)         When appearing before the Board, any person other than individuals must appear through an attorney-at-law licensed and registered to practice law.  (Section 1 of the Corporation Practice of Law Prohibition Act [705 ILCS 220/1] and Section 1 of the Attorney Act [705 ILCS 205/1])

 

3)         Attorneys who are licensed to practice in a state other than Illinois and who are not licensed and registered to practice in the State of Illinois may request to appear pro hac vice on a particular matter on a motion filed with the Board.

 

4)         Any attorney appearing in a representative capacity must file a separate written notice of appearance with the Clerk, together with proof of service and notice of filing of the appearance on all parties in the proceeding.  Law firms, the Agency, and the Attorney General's Office when appearing before the Board must designate a lead attorney for purposes of phone and mail contact pertaining to the proceeding. Absent a separate written notice, the Board will designate the attorney whose signature appears first on the complaint as the lead attorney.

 

5)         Any person appearing before the Board may appear in a special limited capacity to contest jurisdiction.

 

b)         Withdrawals.  An attorney who has appeared in a representative capacity and who wishes to withdraw from that representation must file a notice of withdrawal with the Clerk, together with proof of service and notice of filing on all parties or their representatives.

 

c)         Substitution.  Any attorney who substitutes for an attorney of record must file a written appearance pursuant to subsection (a) of this Section.  That appearance must identify the attorney for whom the substitution is made.  However, no attorney will be considered withdrawn from a proceeding until a formal withdrawal is filed in accordance with subsection (b) of this Section.

 

d)         Any person may appear on behalf of himself or others in a rulemaking proceeding in accordance with 35 Ill. Adm. Code 102.100(b).