D.C. Mun. Regs. r. 1-2835

Current through Register Vol. 71, No. 23, June 7, 2024
Rule 1-2835 - REPRESENTATION BY NON-ATTORNEYS
2835.1

An individual may represent himself or herself in proceedings before OAH.

2835.2

Any person representing a party as permitted by this section shall obtain the consent of the party.

2835.3

A family member or domestic partner may represent a party provided that person does not accept compensation in any form.

2835.4

In addition to an attorney authorized by Section 2833, an authorized agency employee may represent an agency before OAH.

2835.5

If required by law, an Administrative Law Judge shall permit a party to be represented by another person who is not an attorney.

2835.6

An authorized officer, director, partner, or employee may represent a corporation, partnership, limited partnership, or other private legal entity before OAH.

2835.7

An individual or any representative of any entity listed in Subsection 2835.6 may represent a party if the party has or had a contractual relationship with that individual or entity that is substantially related to the subject matter of the case (such as a landlord/tenant relationship in a civil fine case or owner/property manager relationship) and that relationship existed before the case arose.

2835.8

In unemployment compensation cases, additional Rules for representation can be found in Section 2982.

2835.9

In public benefits cases, additional Rules for representation can be found in Section 2972.

2835.10

In rental housing cases, additional Rules for representation can be found in Section 2935.

2835.11

Any person authorized by the United States Tax Court to represent a party before that court may represent a party before OAH in any case arising under D.C. Official Code § 2-1831.03(b)(4), and on the same basis as would be permitted by the United States Tax Court.

2835.12

The Chief Administrative Law Judge or presiding Administrative Law Judge may enter an order restricting the practice of any non-attorney representative appearing at OAH.

2835.13

The non-attorney representative shall be given notice and opportunity to be heard either before the imposition of a restriction, or as soon thereafter as is practicable.

2835.14

An Administrative Law Judge's authority under Subsection 2835.12 is limited to restricting the practice of a non-attorney representative in a pending case based on the conduct of the non-attorney representative in that case. Nothing in this section limits the authority of the Chief Administrative Law Judge to enter a separate order restricting a non-attorney representative's practice before OAH.

D.C. Mun. Regs. r. 1-2835

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12570 (December 31, 2010); Final Rulemaking published at 63 DCR 6556 (4/29/2016)
Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7) ).