(1) Minimum qualifications. No person may appear before the commission as a representative of a party to an adjudicative proceeding without meeting at least one of the following qualifications:
(a) Membership in good standing in the Washington State Bar Association;
(b) Admission to practice, in good standing, before the highest court of any other state or the District of Columbia;
(c) Status as an officer or employee of a party or person seeking party status, if granted permission by the presiding officer to represent the party; or
(d) Status as a legal intern admitted to limited practice under Rule 9 of the Washington state supreme court's admission to practice rules. No legal intern, however, may appear without the presence of a supervising lawyer unless the presiding officer approves the intern's sole appearance in advance.
The presiding officer may refuse to allow a person who does not have the requisite degree of legal training, experience, or skill to appear in a representative capacity.
(2) Written notice of appearance and withdrawal by counsel or other representative is required.
(a) Attorneys or other authorized representatives who wish to appear on behalf of a party or person seeking party status must file a written notice of appearance with the commission and serve all parties to the proceeding prior to acting in a representative capacity unless the attorney or authorized representative has previously appeared through the party's initial pleading or written petition to intervene.
(b) A party's initial pleading or written petition to intervene filed in a proceeding must designate the party's attorney or other representative authorized to accept service on behalf of the party.
(c) A party must file a written notice with the commission and serve all parties to make any changes to its designation of authorized representative(s).
(d) Attorneys or other authorized representatives who wish to withdraw from representing a party must file a separate written notice of withdrawal with the commission and serve all parties to the proceeding.
(3) Unethical conduct is not permitted. Persons appearing in proceedings before the commission in a representative capacity must conform to the standards of ethical conduct required of attorneys before the courts of Washington. Representatives are required to be familiar with, and conform to, the requirements of the rules of professional conduct that are part of the Washington court rules. If any representative fails to conform to those standards, the commission may exclude the person from the proceeding, may report the ethical violation to any appropriate licensing authority, and may refuse to permit the person to appear before the commission in a representative capacity in any future proceeding.
(4)
Former employees. Former employees of the commission are subject to the provisions of RCW
42.52.080, which governs employment after public service.
[Statutory Authority: RCW
80.01.040 and
80.04.160. WSR 17-06-051 (General Order R-588), § 480-07-345, filed 2/28/17, effective 3/31/17; WSR 03-24-028 (General Order R-510, Docket No. A-010648), § 480-07-345, filed 11/24/03, effective 1/1/04.]