20 Miss. Code R. § 101-200-204.00

Current through September 24, 2024
Section 20-101-200-204.00 - Representation before Administrative Law Judges and Board of Review
(A) Any individual may represent themselves, or have a duly authorized representative or counsel in any evidentiary hearing before an ALJ or the Board of Review. Any partnership may be represented by any of its members or its duly authorized representative. Any corporation or association may be represented by an officer or its duly authorized representative.
(B) All fees for representation that are charged to claimants must be approved by the ALJ or the Board of Review, as the case may be, for representation in hearings before them. No fee shall be allowed unless request for such fee shall have been filed with the ALJ or the Board of Review, as the case may be, prior to the adjournment of the hearing.
(C) As authorized in Section 71-5-537 of the Law, the Board of Review hereby approves, subject to the provisions of subsection (4) below, the following charges for representing claimants by persons entitled to charge for such representation by the laws of this State:
(1) For representation in proceedings before an ALJ, not to exceed eighty (80%) per centum of the claimant's weekly benefit amount or thirty dollars ($30.00), whichever is greater.
(2) For representation in proceedings before the Board of Review, not to exceed one hundred twenty (120%) per centum of the claimant's weekly benefits amount or fifty dollars ($ 50.00) whichever is greater.
(3) For representation in proceedings in the Circuit Court or the Supreme Court, such fee as may be approved by the Court.
(4) In any case in which the claimant and his or her counsel believe the fee as approved in subsection (1) or (2) above for representation in proceedings before the ALJ or the Board of Review is insufficient, the amount of the fee may be appealed by giving notice in writing to the ALJ or the Board of Review at the hearing and filing within ten (10) days. A sworn statement, signed by the claimant and the counsel, of the facts upon which they base their contention must be presented. The Board of Review will render its final decision on any such appeal on the amount of fee at its next regular meeting after receipt of the sworn statement. In appeals on the amount of fee for representation in proceedings before the ALJ, the Board of Review may request a statement from the ALJ on the reasonableness of the fee being requested.
(5) An appeal on the amount of fee for representation of a claimant shall be entirely separate and apart from and shall have no bearings whatsoever upon the appeal proceedings on the merits of the pertinent claim, decisions, or appeals.
(6) If a party is represented by more than one duly authorized representative at a hearing, only one of them may participate in the hearing.

20 Miss. Code. R. § 101-200-204.00

Miss. Code Ann. §§ 71-5-115 & 71-5-117 (Rev. 2004).