A.
Parties and Their Representatives. Parties in a case have the right to
participate or to be represented in all hearings or pre-hearing conferences
related to their case. Except as otherwise provided herein, a party must be
represented by an attorney admitted to practice law in South Carolina, or an
attorney possessing a Limited Certificate of Admission pursuant to Rule
405, SCACR. No one shall be permitted to
represent a party where such representation would constitute the unauthorized
practice of law.
B. Representation
of Entities. Except as otherwise provided in S.C. Code Ann. Regs. 103-805(E),
any entity including, but not limited to, a corporation, partnership, limited
liability company, or professional association, must be represented by an
attorney admitted to practice law in South Carolina, or an attorney possessing
a Limited Certificate of Admission pursuant to Rule
405, SCACR.
C. Representation of Individuals. An
individual person not admitted to practice law in South Carolina may represent
himself or herself but may not represent another person. A party proceeding
without legal representation shall remain fully responsible for compliance with
the commission's regulations and the Administrative Procedures Act and must
agree to E-Filing and E-Service as provided in S.C. Code Ann. Regs. 103-817.1
unless excused from doing so for good cause shown.
D. Notice of Appearance. An attorney or other
person authorized to represent a party before the commission pursuant to this
regulation shall file with the commission a notice of appearance when retained
or authorized to represent a party after commencement of a case.
E. Unopposed Matters in Which an Entity May
Proceed without Counsel. Subject to the conditions specified in this
regulation, an entity may proceed through an authorized agent in any unopposed
case, including but not limited to the following:
(1) application for approval of a
tariff,
(2) application for
approval of a contract,
(3)
application for approval of an interconnection agreement between telephone
carriers,
(4) application for
approval of a name change,
(5)
application to operate as a Class C motor carrier, including a charter
passenger carrier, a charter bus, and a taxi, and
(6) application of a mover of household goods
for a certificate.
If the entity chooses not to use an attorney, it shall include
in its submission a written statement from the entity's president, chairperson,
general partner, owner, chief executive officer, or authorized agent which
states substantially the following:
"I am owner, officer, director, or other person authorized to
act on behalf of [Name of Company], and on behalf of [Name of Company], I have
elected to submit [Title of Document] to the Public Service Commission of South
Carolina without the benefit of legal counsel admitted to practice in South
Carolina. In electing to file [Title of Document] without legal counsel, I
acknowledge and agree to assume the risk, if any, of resulting adverse legal
consequences."
However, if the case becomes opposed, the unrepresented entity
must obtain legal representation by an attorney authorized to practice law in
South Carolina in order for the commission to allow the matter to
proceed.
F.
Motion to Withdraw from Representation. An attorney or other person authorized
to represent a party before the commission pursuant to this regulation must
file a written motion to withdraw from representation of a party or from
participation in proceedings.
Notes
S.C. Code Regs. §
103-805
Added by State Register
Volume 33, Issue No. 6, eff June 26, 2009;
State
Register Volume 48, Issue No. 05, eff.
5/24/2024.
