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Delaware Administrative Code
Title 6 - Attorney General's OfficeFraud and Consumer Protection DivisionInvestor Protection UnitRules Pursuant to the Delaware Securities Act
Part B - Practice and Procedure in Administrative Hearings General Rules
Section 200-B-201 - Appearance and Practice in Administrative Proceedings

6 Del. Admin. Code § 200-B-201

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Current through Register Vol. 28, No. 5, November 1, 2024
Section 200-B-201 - Appearance and Practice in Administrative Proceedings

A person shall not be represented before a Presiding Officer except as stated in paragraphs (a) and (b) of this section or as otherwise permitted by the Presiding Officer:

(a)Representing oneself. In any proceeding, an individual may appear on his or her own behalf.
(b)Representing others. In any proceeding, a person may be represented by an attorney at law admitted to practice before the Supreme Court of the State of Delaware. Attorneys who are not members of the Delaware Bar may be admitted pro hac vice pursuant to Rule 72 of the Rules of the Supreme Court of the State of Delaware as set forth in paragraph (c), below.
(c)Requirement of Delaware Counsel. Pursuant to Rule 72(a) of the Delaware Supreme Court Rules, attorneys who are not members of the Delaware Bar may be admitted pro hac vice in a proceeding in the discretion of the administrative Presiding Officer upon written motion by a member of the Delaware Bar who maintains an office in this State for the practice of law ("Delaware Counsel"). Pursuant to Delaware Supreme Court Rule 72(c), Delaware Counsel for any party shall appear in the matter for which admission pro hac vice is filed and shall sign or receive service of all notices, orders, pleadings or other papers filed in the matter and shall attend all proceedings before the Presiding Officer, unless excused by that Presiding Officer.
(d)Designation of address for service; notice of appearance; power of attorney; withdrawal.
(1)Representing oneself. When an individual first makes any filing or otherwise appears on his or her own behalf before a Presiding Officer in a proceeding, he or she shall file with the Director or otherwise state on the record, and keep current, an address at which any notice or other written communication required to be served upon him or her or furnished to him or her may be sent and a telephone number where he or she may be reached during business hours.
(2)Representing others. When a person first makes any filing or otherwise appears in a representative capacity before a Presiding Officer in a proceeding, that person shall file with the Director, and keep current, a written notice stating the name of the proceeding; the representative's name, business address and telephone number; and the name and address of the person or persons represented.
(3)Power of attorney. Any individual appearing or practicing before a Presiding Officer in a representative capacity may be required to file a power of attorney with the Director showing his or her authority to act in such capacity.
(4)Withdrawal. Withdrawal by any individual appearing in a representative capacity shall be permitted only by written order of the Presiding Officer. A motion seeking leave to withdraw shall state with specificity the reasons for such withdrawal.
(e) Public Hearings. All hearings shall be public unless otherwise ordered by the Presiding Officer on his or her own motion or after considering the motion of a party.

6 Del. Admin. Code § 200-B-201

18 DE Reg. 394 (11/1/2014) (Final)