Section 1340-02-02-.08 - REPRESENTATION BY COUNSEL(1) Any individual party in a contested case may represent himself or herself. A business entity may participate through an authorized representative such as an officer, director or appropriate employee.(2) Any party to a contested case may be represented, at his or her own expense, by an attorney either licensed in the State of Tennessee or in another state if approved by the administrative judge pursuant to paragraph 9 of this rule. If a claimant cannot afford to hire an attorney, then free or low-cost counsel might be available from a number of sources.(3) A party to a contested case may not be represented by a non-attorney, except where Federal law requires.(4) The Legal Division 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 signed by counsel;(b) the filing of a formal or informal notice of appearance signed by counsel; or(c) appearance as counsel at a prehearing conference or a hearing.(6) After appearance, it is the affirmative duty of counsel to keep the Legal Division notified of a current address and telephone number where counsel can be reached by mail and phone.(7) After appearance of counsel, all pleadings and other items shall be served by the parties upon counsel and not the claimant.(8) Counsel cannot withdraw except upon motion granted by the administrative judge.(9) Out-of-state counsel shall comply with T.C.A. § 23-1-108 and Supreme Court Rule 19, except that the affidavit referred to in Supreme Court Rule 19 shall be filed with the Legal Division and approved by the administrative judge .Tenn. Comp. R. & Regs. 1340-02-02-.08
Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective 3/10/2015.Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-301(b), 4-5-305, 40-33-201, et seq., as amended, and 53-11-201, et seq.