1:21-1. Who May Practice; Appearance in Court
(a) ... no change
(b) ...no change
(c) ...no change
(d) ...no change
(e) ...no change
(f) Appearances Before Office of Administrative Law and Administrative
Agencies. Subject to such limitations and procedural rules as may be established
by the Office of Administrative Law, an appearance by a non-attorney in a contested
case before the Office of Administrative Law or an administrative agency may be
permitted, on application, in any of the following circumstances:
(1) where required by federal statute or regulation;
(2) to represent a state agency if the Attorney General does not provide
representation in the particular matter and the non-attorney representative is an
employee of the agency with special expertise or experience in the matter in
controversy;
(3) to represent a county welfare agency if County Counsel does not provide
representation in the particular matter and the non-attorney representative is an
employee of the agency with special expertise or experience in the matter in
controversy;
(4) to assist in providing representation to an indigent as part of a Legal
Services program if the non-attorney is a paralegal or legal assistant employed by
that program;
(5) to represent a state, county or local government employee in Civil Service
proceedings, provided (i) the non-attorney making such appearance is an authorized
representative of a labor organization and (ii) the labor organization is the duly
authorized representative of the employee for collective bargaining purposes;
(6) to represent a close corporation provided the non-attorney is a principal of
the corporation;
(7) to assist an individual who is not represented by an attorney provided (i)
the presentation appears likely to be enhanced by such assistance, (ii) the individual
certifies that he or she lacks the means to retain an attorney and that representation
is not available through a Legal Services program and (iii) the conduct of the
proceeding by the Office of Administrative Law will not be impaired by such
assistance;
(8) to represent parents or children in special education proceedings,
provided the non-attorney has knowledge or training with respect to handicapped
pupils and their educational needs so as to enable the non-attorney to facilitate the
presentation of the claims or defenses of the parent or child[.];
(9) to represent union members and employees entitled to union
representation in public employment relations proceedings, provided the appearance
is by a union representative[.];
(10) to represent a county or local government appointing authority in Civil
Service proceedings, provided the non-attorney representative is an employee of the
appointing authority with special expertise or experience in the matter in controversy
and the legal representative for the county or municipality does not provide
representation in the particular matter[.]; or
(11) to represent a claimant or employer before the Appeal Tribunals or Board
of Review of the Department of Labor.
No representation or assistance may be undertaken pursuant to subsection (f) by
any disbarred or suspended attorney or by any person who would otherwise receive
a fee for such representation.
(g) Appearances at Personal Injury Protection Arbitrations. A non-attorney
may represent an insurance company employer at a Personal Injury Protection (PIP)
arbitration.
