(a) Appearance before the Board or an ALJ.
(1) By attorneys. Any member in good standing of the bar of the highest court of any
state, commonwealth, possession, territory of the United States, or
the District of Columbia may represent others before the Board if
such attorney is not currently suspended or debarred from practice
before the Board.
8-049.1
(2) By non-attorneys. An individual may appear
on the individual’s own behalf.
8-049.2
(3) Notice of
appearance.
(i) Any individual acting on the individual’s
own behalf or as counsel on behalf of a party, including the Board,
must file a notice of appearance with OFIA at or before the time that
the individual submits papers or otherwise appears on behalf of a
party in the adjudicatory proceeding. The notice of appearance must
include:
(A) A written declaration that the individual
is currently qualified as provided in paragraph (a)(1) or (2) of this
section and is authorized to represent the particular party; and
(B) A written acknowledgement
that the individual has reviewed and will comply with the uniform
rules and local rules in subpart B of this part.
(ii) By filing a notice
of appearance on behalf of a party in an adjudicatory proceeding,
the counsel agrees and represents that the counsel is authorized to
accept service on behalf of the represented party and that, in the
event of withdrawal from representation, the counsel will, if required
by the ALJ, continue to accept service until new counsel has filed
a notice of appearance or until the represented party indicates that
the party will proceed on a pro se basis.
8-049.3
(b) Sanctions. Dilatory,
obstructionist, egregious, contemptuous, or contumacious conduct at
any phase of any adjudicatory proceeding may be grounds for exclusion
or suspension of counsel from the proceeding.
