(a) Conflict of interest in representation. No person may appear
as counsel for another person in an adjudicatory proceeding if it
reasonably appears that such representation may be materially limited
by that counsel’s responsibilities to a third person or by the
counsel’s own interests. The ALJ may take corrective measures
at any stage of a proceeding to cure a conflict of interest in representation,
including the issuance of an order limiting the scope of representation
or disqualifying an individual from appearing in a representative
capacity for the duration of the proceeding.
8-051.1
(b) Certification and waiver. If any
person appearing as counsel represents two or more parties to an adjudicatory
proceeding or also represents a nonparty on a matter relevant to an
issue in the proceeding, counsel must certify in writing at the time
of filing the notice of appearance required by section 263.6(a):
(1) That the counsel has personally and
fully discussed the possibility of conflicts of interest with each
such party and non-party; and
(2) That each such party and non-party
waives any right it might otherwise have had to assert any known conflicts
of interest or to assert any nonmaterial conflicts of interest during
the course of the proceeding.
