Pennsylvania Code
Title 7 - AGRICULTURE
Part VIII - State Horse Racing Commission
Subpart A - General Provisions
Chapter 179 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE- TEMPORARY REGULATIONS
Subchapter C - COMMISSION HEARINGS
Section 179.63 - Representation before the Commission

Universal Citation: 7 PA Code ยง 179.63

Current through Register Vol. 54, No. 44, November 2, 2024

(a) Appearance in person. An individual who is a party in a proceeding before the Commission or presiding officer may represent himself. Attendance at the proceeding without an attorney will be deemed a waiver of this privilege.

(1) A party, other than an individual appearing on his own behalf, in an adversarial proceeding before the Commission shall be represented by an attorney authorized to appear before the Commission in accordance with subsection (b).

(2) Subsection (a) supersedes 1 Pa. Code §31.21 (relating to appearance in person).

(b) Appearance by attorney. A party in a proceeding before the Commission or presiding officer who elects to be represented by an attorney or is otherwise required to be represented by an attorney in the proceeding, shall be represented by:

(1) An attorney at law admitted to practice before the Pennsylvania Supreme Court.

(2) An attorney admitted to practice before the highest court of a jurisdiction other than this Commonwealth which permits attorneys licensed in this Commonwealth to practice before its courts and agencies.

(3) An attorney authorized in accordance with subsection (c) to appear in connection with the proceeding.

(c) Admission Pro Hac Vice. An attorney admitted to practice before the highest court of a jurisdiction other than this Commonwealth which does not permit attorneys licensed in this Commonwealth to appear before its courts and agencies may, at the discretion of the Commission or the presiding officer, be authorized to appear in connection with a particular proceeding. The Commission or the presiding officer will determine whether to grant the authorization upon the filing of a motion by an attorney admitted to practice law before the Pennsylvania Supreme Court and in good standing with the Court, which contains the information required to satisfy the written notice provision of Pa.B.A.R. 301 (relating to admission pro hac vice) and provided that the attorney filing the motion shall be and remain the attorney of record in the proceeding and further provided that both the attorney of record and the attorney admitted under this subsection shall both sign all documents submitted or filed in connection with the proceeding.

(d) Subsections (b) and (c) supersede 1 Pa. Code §31.22 (relating to appearance by attorney).

(e) Other representation prohibited at hearings. Participants, individuals, partnerships, associations, corporations or governmental entities may not be represented at a hearing before the Commission or presiding officer except, as provided in subsections (b) and (c) or as otherwise permitted by the Commission in a specific case.

(f) Subsection (e) supersedes 1 Pa. Code §31.23 (relating to other representation prohibited at hearings).

This section cited in 7 Pa. Code § 179.9 (relating to service by the Commission).

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