Section 1360-04-01-.08 - 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 himself or herself 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. However, such officer may not undertake any activities that constitute the unauthorized practice of law.(3) A party to a contested case hearing may not be represented by a non-attorney, except in any situation when state or federal law so permits.(4) The State 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 pre-hearing 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 file a Motion to Withdraw as Counsel, in accordance with Rules 1360-04-01-.03 and 1360-04-01-.09.(8) Out-of-state counsel shall comply with T.C.A. § 23-3-103(a) and Tennessee Supreme Court Rule 19, except that if the proceeding is conducted by the Administrative Procedures Division, then the affidavit referred to in Tennessee Supreme Court Rule 19 and a Motion to Appear Pro Hac Vice shall be filed with the Administrative Procedures Division for consideration by the presiding administrative judge in the matter in which counsel wishes to appear.Tenn. Comp. R. & Regs. 1360-04-01-.08
Original rule filed November 22, 1978; effective January 8, 1979. Amendment filed May 23, 1984; effective June 22, 1984. Repeal and new rule filed November 25, 1986; effective January 9, 1987. Amendment filed May 31, 1990; effective July 15, 1990. Amendments filed January 8, 2024; effective 4/7/2024.Authority: T.C.A. §§ 4-5-219, 4-5-301, 4-5-305, 4-5-312, and 4-5-321.