N.J. Admin. Code § 1:1-5.4

Current through Register Vol. 56, No. 8, April 15, 2024

Section 1:1-5.4 - Representation by non-lawyers; authorized situations, applications, approval procedures

(a) In conformity with New Jersey Court Rule R. 1:21-1(f), the following non-lawyers may apply for permission to represent a party at a contested case hearing:

1. Persons whose appearance is required by Federal law;

2. State agency employees;

3. County or municipal welfare agency employees;

4. Legal service paralegals or assistants;

5. Close corporation principals;

6. Union representatives in Civil Service and Public Employment Relations Commission cases;

7. Individuals representing parents or children in special education proceedings;

8. County or local government employees in Civil Service cases; and

9. Individuals representing claimants or employers before the Appeal Tribunal or Board of Review of the Department of Labor and Workforce Development.

(b) The non-lawyer applicants in (a) above may apply for permission to appear by supplying the following information and by complying with the following procedures:

1. Oral applications at the hearing may be made in Division of Family Development, Division of Medical Assistance and Health Services, Division of Youth and Family Services and Department of Labor Vocational Rehabilitation cases.

i. At the hearing, the non-lawyer applicant shall certify that he or she is not a suspended or disbarred attorney and that he or she is not receiving a fee for the appearance.

ii. At the hearing, the judge shall determine that the non-lawyer applicant seeking to represent a recipient or applicant for services fulfills the appearance requirements of Federal law.

iii. At the hearing, the non-lawyer applicant seeking to represent a county or municipal welfare agency shall certify that he or she is an agency staff person with knowledge of the matter in controversy, has been assigned to represent the agency in the case and that the county or municipal counsel is not providing representation in the particular matter. The non-lawyer applicant shall also state his or her position at the agency and the name, title, business address and telephone number of his or her supervisor.

iv. At the hearing, a non-lawyer applicant seeking to represent the Division of Economic Assistance, the Division of Medical Assistance and Health Services or the Division of Youth and Family Services shall certify that he or she is an employee of the agency he or she seeks to represent; his or her position at the agency; his or her supervisor at the agency; his or her supervisor's position, business address and telephone number; an explanation of his or her special expertise or experience in the matter in controversy; and that he or she has been assigned to represent the agency in the case and the Attorney General will not provide legal representation.

2. Oral application at the hearing may be made in public employment relations proceedings. At the hearing, the non-lawyer applicant shall certify that he or she is not a suspended or disbarred attorney and that he or she is not receiving a fee for the appearance.

3. Oral application at the hearing may be made in cases before the Appeals Tribunal or Board of Review of the Department of Labor and Workforce Development. At the hearing, the non-lawyer applicant shall certify that he or she is not a suspended or disbarred attorney and that he or she is not receiving a fee for the appearance.

4. A written Notice of Appearance/Application on forms supplied by the Office of Administrative Law shall be required in cases where a non-lawyer employee seeks to represent a State agency; in Civil Service cases, where a union representative seeks to represent a State, county or local government employee; where a county or local government employee seeks to represent the appointing authority; where a non-lawyer seeks to represent a party in a special education hearing; where a principal seeks to represent a close corporation; and where a non-lawyer from a legal services program seeks to represent an indigent. A non-lawyer from a legal services program seeking to represent a recipient or applicant for services in Division of Economic Assistance, Division of Medical Assistance and Health Services and Division of Youth and Family Services cases may make oral application to represent the recipient or applicant by complying with the requirements of (b)1 above. Forms may be obtained from the Clerk of the Office of Administrative Law or through the State of New Jersey Office of Administrative Law website http://www.state.nj.us/oal/.

i. For non-lawyer employees seeking to represent a State agency, the Notice shall include a certification that the non-lawyer is an employee of the State agency he or she seeks to represent; his or her position at the agency; his or her supervisor at the agency; his or her supervisor's position, business address and telephone number; and an explanation of his or her special expertise or experience in the matter in controversy. The Notice shall also contain a certification, indicating that the employee has been assigned to represent the agency in the case and that the Attorney General will not provide legal representation.

ii. For non-lawyers from legal services programs, the Notice shall include a certification that he or she is a paralegal or legal assistant; the name and address of the Legal Services Program of which he or she is a part; and the name, business address, telephone number and signed authorization of a Legal Services attorney who supervises the applicant.

iii. The non-lawyer union representative shall include in his or her Notice a certification that he or she is an authorized representative of a labor organization; that the labor organization is the duly authorized representative of the represented employee's collective bargaining unit; and the name, title, business address and telephone number of his or her supervisor.

iv. In special education hearings, the non-lawyer applicant shall include in his or her Notice an explanation certifying how he or she has knowledge or training with respect to handicapped pupils and their educational needs so as to facilitate the presentation of the claims or defenses of the parent or child. The applicant shall describe his or her relevant education, work experience or other qualifications.

v. For non-lawyer employees seeking to represent a county or local government appointing authority in a Civil Service case, the notice shall include a certification that the non-lawyer is an employee of the county or local government appointing authority; his or her position with the appointing authority; his or her supervisor's position; business address and telephone number; and an explanation of his or her special expertise or experience in the matter in controversy. The notice shall also contain a certification indicating that the employee has been assigned to represent the appointing authority in the case and that the legal representative for the county or locality does not provide representation in the matter.

vi. In cases where principal seeks to represent a close corporation, the non-lawyer applicant shall demonstrate in his or her notice how he or she qualifies as a principal of a close corporation as defined in 1:1-2.1.

vii. Any non-lawyer applicant filing a Notice of Appearance/Application shall submit a certification with the Notice stating that he or she is not a disbarred or suspended attorney and is not receiving a fee for the appearance.

viii. The Notice of Appearance/Application must be signed by the non-lawyer applicant. Notices shall be filed with the Clerk if a judge has not yet been assigned to the matter and shall be filed with the judge if a judge has been assigned and shall be served on all parties no later than 10 days prior to the scheduled hearing date. In Special Education cases, the Notice of Appearance/Application shall be filed with the Clerk and served on all parties no later than five days prior to the scheduled hearing date.

ix. The judge may require the applicant to supply additional information or explanation of the items specified above as applicable, or may require the applicant to supply evidence of the statements contained in the Notice.

N.J. Admin. Code § 1:1-5.4

Amended by R.1991 d.296, effective 6/17/1991.
See: 23 N.J.R. 1053(a), 23 N.J.R. 1919(a).
Eliminated provision that a DAG had to "sign off" on agency non-lawyer representation; delegated authority to agencies.
Amended by R.1992 d.213, effective 5/18/1992.
See: 24 N.J.R. 321(a), 24 N.J.R. 1873(b).
Revised text.
Amended by R.1997 d.158, effective 4/7/1997.
See: 29 N.J.R. 282(a), 29 N.J.R. 1295(a).
In (a)6, inserted reference to Public Employment Relations Commission; inserted (a)8; in (b)1iv, amended subsection reference; inserted new (b)2; recodified former (b)2 as (b)3; in (b)3, inserted "where a county or local government employee seeks to represent the appointing authority"; inserted (b)3v; and recodified former (b)3v through (b)3viii as (b)3vi through (b)3ix.
Amended by R.1997 d.474, effective 11/3/1997.
See: 29 N.J.R. 3758(a), 29 N.J.R. 4677(a).
In (b)1, substituted "Family Development" for "Economic Assistance", and added "and Department of Labor Vocational Rehabilitation cases".
Amended by R.2002 d.198, effective 7/1/2002.
See: 34 N.J.R. 983(a), 34 N.J.R. 2309(a).
In (b)3, added the second sentence in the introductory paragraph, and added an N.J.A.C reference in vi.
Amended by R.2005 d.106, effective 4/4/2005.
See: 36 N.J.R. 3956(a), 37 N.J.R. 1015(a).
In (a), added 9; in (b), substituted "(b)4i" for "(b)3i" following "set forth in" in 1iv, added new 3, recodified former 3 as 4.
Amended by R.2007 d.393, effective 12/17/2007.
See: 39 N.J.R. 2393(a), 39 N.J.R. 5201(a).
In the introductory paragraph of (a), substituted "(f)" for "(e)"; in (b)1i, (b)1iii, (b)2, and (b)3, substituted "certify" for "state"; rewrote (b)1iv; in (b)4, transferred the former second sentence to the end; in (b)4i, (b)4ii, (b)4iii, and (b)4v, substituted "certification" for "statement" throughout; in (b)4iv, inserted a comma following "hearings", substituted "certifying" for the first occurrence of "of" and deleted "related to the child's condition" from the end; in (b)4viii, inserted "if a judge has not yet been assigned to the matter and shall be filed with the judge if a judge has been assigned" and "shall be" preceding "served", and inserted the last sentence; and in (b)4ix, substituted "judge" for "Clerk", and deleted the final two sentences.