28 Tex. Admin. Code § 150.2 - Qualification and Authorization of Attorney To Practice before the Commission
(a) An attorney who represents any party
before the commission shall be licensed to practice law by the State Bar of
Texas in order to receive an attorney's fee.
(b) An attorney who represents a claimant for
benefits shall notify the commission in writing within 10 days of undertaking
the representation of the party. The written notice shall identify the attorney
and the claimant and the injured employee (if different from the
claimant).
(c) An attorney may be
disqualified, after a hearing under the Texas Workers' Compensation Act (the
Act), §10.33, from representing any party before the commission for the
following activities:
(1) knowingly charging
a claimant a fee in excess of that allowed by the commission;
(2) knowingly assisting any person in making
a false or misleading statement, misrepresenting or concealing a material fact,
and/or fabricating, altering, concealing, or destroying a document, in order to
claim benefits;
(3) knowingly
assisting any person in making a false or misleading statement, misrepresenting
or concealing a material fact, and/or fabricating, altering, concealing, or
destroying a document, in order to defeat a claim for benefits;
(4) for engaging in conduct described in the
Act, §10.07(a)(1)-(10) or (b)(1)-(23), whether or not an administrative
violation is assessed; or
(5) being
suspended or disbarred by the State Bar of Texas.
(d) An attorney who is disqualified may apply
to the commission for reinstatement, no sooner than the expiration of the term
of disqualification. However, an attorney who has been disbarred by the State
Bar of Texas cannot apply for reinstatement to practice before the commission
unless the State Bar of Texas certifies that the attorney has had the license
to practice law reinstated.
Notes
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