Section 1.18 - Practice Before the Department(1) Any attorney admitted to practice before the courts of the Commonwealth may practice before the Department.(2) In any proceeding before the Department, any person not admitted to practice before the courts of the Commonwealth may appear and act for himself, or for a partnership of which he is a member, or for a corporation of which he is an officer, or for anybody from whom he has written authorization to represent on file with the Department on a form prescribed by the Department.(3) An attorney, or other authorized representative may, without leave, withdraw as representative by filing a written notice of withdrawal, with copies to all parties, provided that such notice is accompanied by the appearance of a successor representative. Under all other circumstances, leave of the administrative judge, or administrative law judge having jurisdiction over an active proceeding must be obtained. In cases where no judge has active jurisdiction leave must be obtained from the office of the Senior Judge.(4) Whenever an attorney appears at a proceeding, who: (a) is not the attorney of record; or(b) is not an attorney who, pursuant to his or her registration with the Board of Bar Overseers, shares the same business/professional address as the present attorney of record; the attorney must file a written notice of appearance on a form prescribed by the Department prior to addressing the board in the proceeding. Where more than one attorney has filed an appearance for a party, all notices will be sent to the attorney who most recently appeared. In all cases, any attorney or qualified representative so appearing, is representing to the Department that she or he possesses full authority to handle any and all aspects of the matter presently pending at the Department.
Amended by Mass Register Issue 1331, eff. 1/27/2017.