Section 4-408. REPRESENTATION  


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    408.1Any party may retain a representative of its own choosing, who may, but need not be, an attorney. All representatives shall meet the following requirements:

     

    (a)Working knowledge of the Act, the contested case provisions of the D.C. Administrative Procedure Act, and this chapter;

     

    (b)Familiarity with the facts, legal theories, and issues in question; and

     

    (c)In the case of a representative who is not an attorney, a certification issued by the hearing examiner assigned to the case that the individual has been considered qualified to appear before the Commission and satisfies the standards set forth in §§ 408.1(a) and (b).

     

    408.2Any individual may represent himself or herself in proceedings before the Commission. A Partnership or incorporated entity shall appear through a duly qualified representative pursuant to § 408.1, who may, but need not be, a principal or employee of the Partnership or incorporated entity.

     

    408.3At any point in the proceedings, the hearing examiner may delay or continue the proceedings until the hearing examiner is satisfied that all representatives meet the requirements of § 408.1 of this chapter. The hearing examiner may disqualify any representative who fails to meet the requirements of § 408.1.

     

    408.4The case in support of the complaint shall be presented by one of the following:

     

    (a)An agent or attorney of the Office of Human Rights, in which case the complainant shall designate the Office as complainant’s representative and agent to represent his or her interests before the Commission; or

     

    (b)A representative qualified under § 408.1, retained by complainant at complainant’s expense, subject to any award of applicable attorney fees.

     

    408.5In the event the complainant retains a private representative or attorney, the Office may designate the representative or attorney to act as its agent or attorney in support of the complaint.

     

    408.6Each representative shall note his or her appearance to the Commission prior to participating in any proceeding. The notice of appearance shall be in writing and shall include the representative’s address and telephone number.

     

    408.7Once a representative has entered his or her appearance in a case, that individual may not withdraw from representation without leave of the hearing examiner. The leave may be granted or withheld in the discretion of the hearing examiner except that no leave shall be granted by the hearing examiner where the hearing has commenced, or within thirty (30) days prior to the scheduled commencement of the hearing, except for good cause shown.

     

source

Final Rulemaking published at 42 DCR 1429, 1434-35 (March 24, 1995).