Ill. Admin. Code tit. 74 § 730.240

Current through Register Vol. 48, No. 45, November 8, 2024

Section 730.240 - Representation and Appearance

a) Any Party may be represented by an attorney, provided that the attorney is licensed to practice law in Illinois or, with the permission of the Hearing Officer, by an attorney permitted to practice law in Illinois pro hac vice pursuant to Illinois Supreme Court Rules, including the required filing of a statement and payment of fees.

b) 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 ARDC number of the attorney upon whom service of documents 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 (or the statement required by attorneys appearing pro hac vice pursuant to Illinois Supreme Court Rules).

c) A natural person who is a Party may appear and be heard on his or her own behalf. A Party may use an interpreter if necessary.

d) A corporation or association may be represented by a corporate officer, provided that the officer is qualified to practice law in Illinois, as set forth in subsection (a).

e) Only attorneys licensed to practice law in Illinois or appearing pro hac vice, as set forth in subsection (a), shall represent any other individuals or entities in an Administrative Hearing.

f) All attorneys appearing in Administrative Hearing proceedings before the Hearing Officer shall conform their conduct to the Illinois Rules of Professional Conduct. 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; and

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 actions listed in subsection (f), it shall be done as a matter of record. The Hearing Officer shall state for the record the specific reasons for the action.

h) Non-attorneys appearing in proceedings before the Treasurer shall be courteous and dignified and shall maintain the decorum of the Administrative Hearing.

i) An attorney may withdraw his or her appearance and/or representation only upon motion and appropriate ruling by the Hearing Officer. However, substitution of attorneys is permitted without motion if notice is given to all Parties and to the Hearing Officer, the substitution will not delay the proceedings, and a statement to that effect is contained in the notice.

Ill. Admin. Code tit. 74, § 730.240

Adopted at 42 Ill. Reg. 9587, effective 5/23/2018.