Nevada Administrative Code
Chapter 455 - Excavations and Demolitions
ADMINISTRATIVE PROCEEDINGS AND PRACTICE
Parties and Representatives
Section 455.285 - Representation of parties and staff; qualifications of attorneys

Universal Citation: NV Admin Code 455.285

Current through December 31, 2024

1. Subject to the specific requirements in this section for representation by an attorney, in any proceeding before the Commission, a person may represent himself or herself or may be represented by an attorney. Any other person who satisfies the Commission or presiding officer that the person possesses the expertise and is otherwise competent to advise and assist in the presentation of matters before the Commission may be allowed to appear on behalf of one or more parties. The Commission may, for good cause shown, exclude any representative or impose conditions upon the participation of any representative appearing before the Commission pursuant to this section.

2. The provisions of this section rather than the provisions of Supreme Court Rule 42 govern appearances before the Commission by an attorney who is not admitted and entitled to practice before the Supreme Court of Nevada.

3. An attorney appearing in any proceeding before the Commission must be admitted to practice and in good standing before the highest court of any state or the District of Columbia.

4. With respect to any attorney appearing as a representative in a contested case:

(a) If the attorney is not admitted and entitled to practice before the Supreme Court of Nevada and does not reside in this State, the attorney must associate with an attorney so admitted and entitled to practice and must file a notice of association with the Commission pursuant to this section unless, except as otherwise provided in paragraph (b), the attorney filing the notice has appeared at least once before the Commission in the substantive area of utility regulation governed by the provisions of this chapter in the 3 years immediately preceding the date on which the case is accepted for filing.

(b) Notwithstanding any previous appearance before the Commission by the attorney, the Commission may, for good cause shown, require the attorney to associate with an attorney so admitted and entitled to practice and to file a notice of association pursuant to this section.

5. A notice of association required pursuant to this section must:

(a) Identify each jurisdiction in which the attorney who is required to file the notice is admitted and in good standing;

(b) Identify by name and State Bar of Nevada identification number the attorney with whom the attorney who is required to file the notice is associating;

(c) Describe the qualifications of the attorney who is required to file the notice to advise and assist in the presentation of the contested case before the Commission; and

(d) Be signed by the attorney who is required to file the notice and by the attorney identified in paragraph (b).

6. Except as otherwise provided in subsection 7, the Commission or presiding officer may require the attorney who is admitted and entitled to practice before the Supreme Court of Nevada and who is identified in a notice of association pursuant to paragraph (b) of subsection 5 to sign any pleadings and be present at any proceeding on the record.

7. An attorney who resides in this State and who is not admitted and entitled to practice before the Supreme Court of Nevada may not appear in any proceeding before the Commission unless the attorney:

(a) Is qualified or has an application for qualification pending for the limited practice of law pursuant to Supreme Court Rule 49.10; and

(b) Associates with an attorney who is admitted and entitled to practice before the Supreme Court of Nevada and files a notice of association pursuant to this section. The attorney who is admitted and entitled to practice before the Supreme Court of Nevada and who is identified in the notice of association must sign any pleadings and be present at any proceeding on the record.

8. An attorney from the staff shall represent the staff in all proceedings before the Commission.

9. As used in this section, "contested case" has the meaning ascribed to it in NRS 233B.032.

Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013

NRS 703.025, 704.260, 704.280

Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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