Rhode Island Code of Regulations
Title 810 - Public Utilities Commission
Chapter 00 - General Administration
Subchapter 00 - N/A
Part 1 - Rules of Practice and Procedure
Section 810-RICR-00-00-1.5 - Appearances and Practice before the Commission
Universal Citation: 810 RI Code of Rules 00 00 1.5
Current through September 18, 2024
A. Appearances.
1. Each party to and participant
in a proceeding, other than individuals who appear pro se, shall be represented
by an attorney, who shall enter an appearance in writing with the Clerk.
a. Members of the Bar of the State of Rhode
Island are eligible to practice before the Commission.
b. Members of the Bar of a Federal Court or
of the highest court of any State or Territory of the United States are
eligible to practice before the Commission subject to the provisions of Rhode
Island Supreme Court Rule Article II, Rule 9, or any successor rule.
2. Any person compelled to appear
or voluntarily testifying or making a statement before the Commission or the
presiding officer may, but shall not be required to be accompanied,
represented, and advised by an attorney.
3. All attorneys appearing before the
Commission or the presiding officer must conform to the standards of ethical
conduct required of practitioners before the courts of Rhode Island. An
attorney may not represent two or more parties unless the parties have
substantially similar interests; provided, however, that in the event a
conflict develops between the Division and the Attorney General, as counsel for
the Division, the Division may engage independent counsel, or continue to
utilize the services of the Department of Attorney General, in which case the
Attorney General shall designate different assistants to represent the Division
and the State or its citizens, respectively.
4. Any person appearing before or transacting
business with the Commission in a representative capacity may be required by
the Commission or the presiding officer to file evidence of authority to act in
such a capacity.
B. Suspension.
1. After hearing, the Commission
may disqualify and deny, temporarily or permanently, the privilege of appearing
or practicing before it in any way to any person who is found:
a. not to possess the requisite qualification
to represent others, or
b. to have
engaged in unethical or improper professional conduct, or
c. otherwise to be not qualified.
2. Contumacious conduct at any
hearing before the Commission or a presiding officer shall be ground for
exclusion of any person from such hearing and for summary suspension for the
duration of the hearing by the Commission or the presiding officer.
C. Appearances of Present and Former Employees.
1. No person who is a Public
Utilities Commissioner or an employee or legal consultant of the Commission or
the Division, or the Department of the Attorney General, may appear personally
or on behalf of or represent any other person or act as an expert witness
before the Commission except in the performance of official duties.
2. No person having been so employed may,
within one (1) year after employment has ceased, appear personally or on behalf
of any other person or act as an expert witness before the
Commission.
3.
§
1.5(C)(2) of
this Part shall not apply to any person whose employment has been solely as a
technical consultant and/or expert witness, or to any employee or legal
consultant to the Department of the Attorney General who has not engaged in the
presentation or preparation of any matter before the Commission.
D. Appearances of Business Associates.
1. A business associate is an
individual who owns a business, participates in a business partnership, or
otherwise engages in a business in association with an employee or legal
consultant of the Commission, the Division, or the Department of the Attorney
General.
2. No business associate
may appear personally or on behalf of or represent any other person or act as
an expert witness before the Commission without Commission approval of a motion
to so appear, in which the particulars of the business association are fully
disclosed.
Disclaimer: These regulations may not be the most recent version. Rhode Island 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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