68 Ind. Admin. Code 1-6-1

Current through October 23, 2024
Section 68 IAC 1-6-1 - Eligibility to appear and scope of practice

Authority: IC 4-33-4; IC 4-35-4

Affected: IC 4-21.5-3-15; IC 4-33-4-7; IC 4-35-4-9

Sec. 1.

(a) No person shall be eligible to practice before the commission unless the person has appeared in accordance with this title. An individual may appear on his or her own behalf, a partnership may be represented by a partner, and a party may be represented by a representative in accordance with IC 4-21.5-3-15.
(b) Practice before the commission shall include all matters before the commission, including, but not limited to, applications, licensing, and other matters pertinent to the hearing or review, including, but not limited to, the preparation of pleadings and motions, settlement offers, subpoenas, depositions, oral arguments, presentation of the case, and other documents or material presented to the commission.
(c) Only individual attorneys may file appearances. An attorney who has not filed an appearance may not address the hearing or review officer or sign pleadings or offers of settlement.
(d) Attorneys who appear in a representative capacity on behalf of a petitioner or a subject of exclusion under IC 4-33-4-7, IC 4-35-4-9, and 68 IAC 6 must file written notice of appearance setting forth the following:
(1) The name, address, and telephone number of the attorney.
(2) The name and address of the petitioner or subject of exclusion represented.
(3) An affirmative statement indicating that the attorney is licensed in Indiana and setting forth the attorney's number.

A representative of a petitioner or a subject of exclusion that is not an attorney must set forth the information requested in subdivisions (1) and (2).

(e) A member in good standing of the bar of the highest court of any state or of any United States District Court may, upon admission by the Indiana supreme court under Indiana Admission and Discipline Rule 3, section 2, be permitted to argue or conduct a hearing in whole or in part upon a condition the commission may impose, including filing the order of the Indiana supreme court with the commission.
(f) The commission may require an attorney or representative appearing before it to:
(1) disclose the identity of the person the attorney or representative represents; and
(2) present proof that the attorney or representative is authorized to act on the client's behalf.
(g) An attorney may only withdraw his or her appearance upon written notice to the hearing officer.

68 IAC 1-6-1

Indiana Gaming Commission; 68 IAC 1-6-1; filed Nov 10, 1994, 11:00 a.m.: 18 IR 480; readopted filed Oct 15, 2001, 4:34 p.m.: 25 IR 898; readopted filed Sep 14, 2007, 1:40 p.m.: 20071003-IR-068070354RFA; filed Dec 6, 2012, 2:32 p.m.: 20130102-IR-068110786FRA; readopted filed November 26, 2013, 3:58 p.m.: 20131225-IR-068130354RFA
Readopted filed 9/4/2019, 10:57 a.m.: 20191002-IR-068190384RFA