2.5 - Other Individuals

(a) Generally

An individual who is neither an attorney nor a law student may be allowed to provide representation to a party before OCAHO if certain conditions are met. Recognition by OCAHO is not automatic and must be requested in writing. See 28 C.F.R. § 68.33(c)(3).

(b) Application

An individual who is neither an attorney nor a law student must file a written application with the ALJ in order to represent a party before OCAHO.

      (1) Contents - The application must demonstrate that the individual possesses knowledge of administrative procedures, technical expertise, and other qualifications necessary to render valuable service in the proceedings. The application also must demonstrate that the individual is otherwise competent to advise and assist in the presentation of matters in the proceedings.

      (2) Timing - A written application by an individual who is neither an attorney nor a law student to represent a party in proceedings must be submitted to the ALJ within 10 days of receipt of the Notice of Case Assignment by the party on whose behalf the individual wishes to appear. However, this period of time for filing the application may be extended by the ALJ.

(c) Inquiry on Qualifications or Ability

The ALJ may, at any time, inquire as to the qualifications or ability of any non-attorney to render assistance in proceedings before the ALJ.

(d) Denial of Authority to Appear

The ALJ may enter an order denying the privilege of appearing to any individual if the ALJ finds that the individual:

• does not possess the requisite qualifications to represent others;
• is lacking in character or integrity;
• has engaged in unethical or improper professional conduct; or
• has engaged in an act involving moral turpitude.