20120808-IR-170110590FRA Amends 170 IAC 1-1.1-7 regarding attorney appearances in commission proceedings. Effective 30 days after filing with the Publisher.

TITLE 170 INDIANA UTILITY REGULATORY COMMISSION

Final Rule LSA Document #11-590(F)

DIGEST

Amends 170 IAC 1-1.1-7 regarding attorney appearances in commission proceedings. Effective 30 days after filing with the Publisher.

170 IAC 1-1.1-7

SECTION 1. 170 IAC 1-1.1-7 IS AMENDED TO READ AS FOLLOWS:

170 IAC 1-1.1-7 Attorneys; representation; withdrawal of appearance

Authority: IC 8-1-1-3; IC 8-1-2-47

Affected: IC 8-1-1-5; IC 8-1-1.1-5.1

Sec. 7. (a) Any person filing an appearance pro se to represent his or her own interest is required to:

(1) sign and verify any pleadings or documents in accordance with section 8(d) of this rule; and

(2) comply with all rules applicable to commission proceedings.

(b) The interest of another person or entity may only be represented by an attorney admitted to practice before the supreme court of Indiana supreme court in good standing.

(c) An attorney that is not admitted to practice before the supreme court of Indiana supreme court in good standing, but admitted to practice before the Supreme Court of the United States, or the highest court of any other is a member of the bar of another state or territory of the United States in good standing, may appear at the discretion of the presiding officer before the commission upon filing a verified petition for limited admission to practice before the commission that meets the requirements of or the District of Columbia must apply for and receive temporary admission through the Indiana Rules for Admission to the Bar and the Discipline of Attorneys Rule 3, Section 2(a). 2 prior to practicing law before the commission. Upon being granted limited admission to practice before the commission, an attorney must do the following:

(1) File the following with the commission prior to appearing in a cause:

(A) An appearance in the cause.

(B) A copy of the notice of temporary admission filed with the clerk of the Indiana supreme court.

(2) Appear with co-counsel admitted to practice in Indiana at any hearing, Pending approval of the petition, such an attorney may be permitted to appear, at unless authorized by the discretion of a presiding officer, at any hearing. officers to appear at the hearing without the presence of co-counsel. Local counsel shall:

(1) (A) sign all briefs, papers, and pleadings in such cause; and

(2) (B) be jointly responsible therefor.

(d) Any withdrawal of appearance by an attorney on behalf of any party must:

(1) comply with the Indiana Rules of Professional Conduct;

(2) be in writing; and

(3) be granted by leave of the presiding officer.

(e) Except for good cause shown, a request for withdrawal of appearance by an attorney must be filed with the commission at least ten (10) days prior to the next scheduled hearing date.

(Indiana Utility Regulatory Commission; 170 IAC 1-1.1-7; filed Oct 30, 2000, 2:10 p.m.: 24 IR 656; readopted filed Apr 6, 2006, 11:00 a.m.: 29 IR 2670; filed May 21, 2008, 9:29 a.m.: 20080618-IR-170070514FRA; readopted filed Jun 14, 2012, 3:04 p.m.: 20120711-IR-170120199RFA; filed Jul 9, 2012, 2:57 p.m.: 20120808-IR-170110590FRA)

LSA Document #11-590(F)

Notice of Intent: 20111012-IR-170110590NIA

Proposed Rule: 20120321-IR-170110590PRA

Hearing Held: April 23, 2012

Approved by Attorney General: July 2, 2012

Approved by Governor: July 9, 2012

Filed with Publisher: July 9, 2012, 2:57 p.m.

Documents Incorporated by Reference: Indiana Rules for Admission to the Bar and the Discipline of Attorneys, Rule 3, Section 2

Small Business Regulatory Coordinator: DeAnna L. Poon, Assistant General Counsel, Indiana Utility Regulatory Commission, 101 West Washington Street, Suite 1500 East, Indianapolis, IN 46204, [phone], [e-mail]

Posted: 08/08/2012 by Legislative Services Agency

DIN: 20120808-IR-170110590FRA

Composed: Nov 01,2016 1:27:10AM EDT

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