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TITLE 56: LABOR AND EMPLOYMENT
CHAPTER III: DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS PART 2605 ADMINISTRATIVE HEARING RULES SECTION 2605.240 REPRESENTATION AND APPEARANCE
Section 2605.240 Representation and Appearance
a) 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 (Effective January 1, 1967). 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 his 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).
d) A partnership may be represented by a general partner.
e) Only attorneys licensed to practice law in Illinois, as set forth in subsection (a), shall represent any other individuals or entities in an Administrative Hearing proceeding before the Department.
f) 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) Substitution of written argument for oral argument;
2) Exclusion of the attorney from the proceeding;
3) Suspension or revocation of the attorney's right to appear before the Hearing Officer in that contested case.
g) If the Hearing Officer takes any of the above actions, it shall be done as a matter of record, and the Hearing Officer shall state for the record the specific reasons for the action.
h) Non-attorneys appearing in proceedings before the Department shall be courteous and dignified, and shall maintain the decorum of the tribunal.
i) An attorney may withdraw his appearance and/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. |