Section 646IAC5-10-18. Representation before an administrative law judge or the review board

   (a) Any employer or employing unit interested in any benefit claim pending before an administrative law judge or the review board may appear:

(1) in person, by an officer or other employee of the company, designated by the company;

(2) by an attorney at law, as defined in subsection (e);

(3) by a recognized public accountant; or

(4) by a representative of an unemployment compensation service firm.

  (b) A claimant for unemployment benefits may appear:

(1) in person;

(2) by an attorney at law, as defined in subsection (e);

(3) by a recognized public accountant; or

(4) by an authorized agent of a bona fide labor organization to which the claimant belonged at the time that the appealed issue occurred.

  (c) In addition, any interested party may be represented by an individual or member of a class of individuals authorized by rule of the Indiana supreme court to represent parties in judicial or quasi-judicial proceedings.

  (d) An administrative law judge, or the review board, in their discretion, may refuse to allow any person to represent a party in any proceeding before the administrative law judge, or the review board, if the administrative law judge, or the review board, finds that this person is or has been guilty of unethical conduct, or has intentionally or repeatedly failed to observe the provisions of IC 22-4, the rules of the department, or other rules or regulations relating to unemployment insurance hearings.

  (e) As used in this section, "attorney" means any person duly admitted to, and in good standing in, the practice of law in their state of residence. Any attorney, agent, or accountant may be required to produce proof of his or her authority and qualifications before appearing in any hearing before an administrative law judge or the review board.

  (f) Fees charged to claimants for representation before an administrative law judge or the review board shall be in a sum subject to the approval of the review board. Except in unusual cases, this fee shall be for a sum not in excess of fifteen percent (15%) of the unpaid balance of the claimant's maximum benefit amount. (Department of Workforce Development; 646 IAC 5-10-18; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRA)