New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY
Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES
Section 11.5.5.111 - APPEARANCE BY PARTIES OR ADVOCATES; SUBSTITUTION OF ADVOCATE
Universal Citation: 11 NM Admin Code 11.5.5.111
Current through Register Vol. 35, No. 6, March 26, 2024
A. General:
(1) At any stage of the
proceedings:
(a) a party who is an individual
may appear in person or through an advocate; and
(b) any other party shall appear through an
advocate.
(2) An
advocate may, but need not, be a lawyer. The commission recognizes, however,
that commission proceedings, particularly those that continue beyond the
informal administrative review, may involve complex legal and factual issues in
which a party would be best served by obtaining the services of a lawyer as the
party's advocate.
(3) Entry of
appearance by an advocate on behalf of a party, regardless of whether the
advocate is a lawyer, an officer or employee of the party, or an independent
contractor other than a lawyer, constitutes a certification that the advocate
has full authority to act on behalf of, and to bind, the party, subject only to
the provisions of Subsection C of this Section.
(4) Entry of appearance by an advocate shall
be in writing; provided that the filing of any pleading or motion signed by the
advocate shall constitute an entry of appearance without the necessity of
filing an additional document specifically as an entry of appearance.
B. Substitution or withdrawal of advocate:
(1) A party
may replace its advocate with another advocate at any time not later than
filing of the party's first pleading after docketing of the case:
(a) by filing of a written notice of
substitution as illustrated in Section 1003 [now 11.5.5.1003 NMAC];
or
(b) if the party is replacing an
advocate who is not a lawyer with an advocate who is a lawyer, by having the
applicable pleading signed by the new advocate, without the necessity of a
specific withdrawal by the original advocate.
(2) After expiration of the time specified in
Paragraph 1 of this Subsection, an advocate may withdraw from the case only as
specified in SCRA 1986, 1-089.
C. Standards of conduct: All advocates appearing in any proceeding under this Part shall conform to the New Mexico Rules of Professional Conduct, SCRA 1986, 16-101 to 16-805. For purposes of this Part, the term "lawyer" as used in the Rules of Professional Conduct means any advocate appearing in a proceeding under this Part, whether or not licensed to practice law in any jurisdiction.
Disclaimer: These regulations may not be the most recent version. New Mexico 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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