Section 0800-02-13-.12 - REPRESENTATION BY COUNSEL(1) Any party to a contested case hearing may be advised and represented, at the party's own expense, by a licensed attorney.(2) Any party to a contested case may represent themselves or, in the case of a corporation or other artificial person, may participate through a duly authorized representative such as an officer, director or appropriate employee as provided in (3) below.(3) A party to a contested case hearing may not be represented by a non-attorney, except in any situation where federal law so requires or state law specifically so permits.(4) The notice of hearing shall notify all parties in a contested case hearing of their right to be represented by counsel. An appearance by a party at a hearing without counsel may be deemed a waiver of the right to counsel.(5) Entry of an appearance by counsel shall be made by: (a) The filing of pleadings;(b) The filing of a formal or informal notice of appearance; or(c) Appearance as counsel at a prehearing conference or a hearing.(6) After appearance of counsel has been made, all pleadings, motions, and other documents shall be served upon such counsel.(7) Counsel wishing to withdraw shall give written notice by a motion to withdraw to their client, the attorney representing the Bureau in the contested case, and the Administrative Hearing Clerk. The administrative judge may rule on the written motion or may direct a hearing by teleconference sua sponte or by request of any affected party.(8) Out-of-state counsel shall comply with T.C.A. § 23-3-103(a) and Supreme Court Rule 19, except that the affidavit referred to in Supreme Court Rule 19 shall be filed with the Administrative Hearing Clerk, with a copy to the Bureau Attorney in the matter in which counsel wishes to appear.Tenn. Comp. R. & Regs. 0800-02-13-.12
Original rule filed October 13, 2004; effective February 28, 2005. Amendments filed March 29, 2017; effective 6/27/2017.Authority: T.C.A. §§ 4-5-219, 4-5-301(b), 4-5-305, 4-5-312, 23-3-103(a), 50-6-102, 50-6-118, 50-6-125, 50-6-128, 50-6-205, 50-6-233, 50-6-237, 50-6-244, 50-6-411, 50-6-412, 50-6-801, and Public Chapter 962 (2004).