Ill. Admin. Code tit. 35, § 101.400 - Appearances, Withdrawals, and Substitutions of Attorneys in Adjudicatory Proceedings
a)
Appearances. A person who is a party in a Board adjudicatory proceeding may
appear as follows:
1) Individuals may appear
on their own behalf or through an attorney-at-law licensed and registered to
practice law. (See Section 1 of the Attorney Act [
705 ILCS
205/1] .)
2) When appearing before the Board, any
person other than individuals must appear through an attorney-at-law licensed
and registered to practice law. (See Section 1 of the Corporation Practice of
Law Prohibition Act [
705 ILCS
220/1] and Section 1 of the Attorney Act.)
3) An out-of-state attorney may appear as
counsel and provide legal services in a proceeding before the Board only if the
attorney has permission to do so under Illinois Supreme Court Rule 707. No
Board order is required for an out-of-state attorney to appear and no motion to
appear pro hac vice is necessary. The out-of-state attorney's appearance must
include the following:
A) A representation
that the out-of-state attorney is in, and will maintain throughout the
proceeding, compliance with Supreme Court Rule 707; and
B) Identification of the active status
Illinois attorney associated with the out-of-state attorney under Supreme Court
Rule 707 and the date on which the active status Illinois attorney filed an
appearance in the proceeding.
4) Any attorney appearing in a representative
capacity must file a separate written appearance with the Clerk, together with
documentation of service of the appearance under Section
101.304(d)
and notice of filing of the appearance under Section
101.304(b)(2).
The appearance must include:
A) For law firms,
the Agency, and the Attorney General's Office, a lead attorney must be
designated for phone and mail contact pertaining to the proceeding. Absent
written notice, the Board will designate the attorney whose signature appears
first on the party's first filing as the lead attorney.
B) The attorney's business address and
designation of a primary e-mail address for service by e-mail. Up to two
secondary e-mail addresses may also be included.
5) Any person seeking to contest personal
jurisdiction must do so by filing a motion with the Board consistent with
Section 2-301 of the Code of Civil Procedure.
b) Withdrawals. An attorney who has appeared
in a representative capacity and who wishes to withdraw from that
representation must file a notice of withdrawal with the Clerk, together with
documentation of service and notice of filing on all parties or their
representatives.
c) Substitution.
Any attorney who substitutes for an attorney of record must file a written
appearance under subsection (a). That appearance must identify the attorney for
whom the substitution is made. However, no attorney will be considered
withdrawn from a proceeding until a formal withdrawal is filed in compliance
with subsection (b).
d) Any person
may appear on his or her own behalf or on others' behalf in a rulemaking,
consistent with 35 Ill. Adm. Code
102.100(b),
or in a TLWQS proceeding.
Notes
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