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| Representatives | 4.1010 | ||||
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5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.
36 FR 7186, Apr. 15, 1971, unless otherwise noted.
80 FR 48459, Aug. 13, 2015, unless otherwise noted.
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Subscribe to: 43 CFR Part 4 Subpart K - Representatives
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(a) Individuals. A party who is an individual may either act as his or her own representative in the hearing process under this subpart or authorize an attorney to act as his or her representative.
(b) Organizations. A party that is an organization or other entity may authorize one of the following to act as its representative:
(1) An attorney;
(2) A partner, if the entity is a partnership;
(3) An officer or full-time employee, if the entity is a corporation, association, or unincorporated organization;
(4) A receiver, administrator, executor, or similar fiduciary, if the entity is a receivership, trust, or estate; or
(5) An elected or appointed official or an employee, if the entity is a federal, state, tribal, county, district, territorial, or local government or component.
(c) OFA. OFA's representative will be an attorney from the Office of the Solicitor.
(d) Appearance. A representative must file a notice of appearance. The notice must:
(1) Meet the form and content requirements for documents under § 4.1011;
(2) Include the name and address of the person on whose behalf the appearance is made;
(3) If the representative is an attorney (except for an attorney with the Office of the Solicitor), include a statement that he or she is a member in good standing of the bar of the highest court of a state, the District of Columbia, or any territory or commonwealth of the United States (identifying which one); and
(4) If the representative is not an attorney, include a statement explaining his or her authority to represent the entity.
(e) Disqualification. The ALJ may disqualify any representative for misconduct or other good cause.