(a) Appearances. Any party or intervenor or any representative duly
authorized pursuant to Sec. 802.201(b) may appear before and/or submit
written argument to the Board by attorney or any other person, including
any representative of an employee organization, duly authorized pursuant
to paragraph (d)(2) of this section.
(b) Any individual petitioner or respondent or his duly authorized
representative pursuant to Sec. 802.201(b) or an officer of any
corporate party or a member of any partnership or joint venture which is
a party may participate in the appeal on his or her own behalf, or on
behalf of such business entity.
(c) For each instance in which appearance before the Board is made
by an attorney or duly authorized person other than the party or his
legal guardian, committee, or representative, there shall be filed with
the Board a notice of appearance. Any attorney or other duly authorized
person of record who intends to withdraw from representation shall file
prior written notice of intent to withdraw from representation of a
party or of substitution of counsel or other representative.
(d) Qualifications--(1) Attorneys. An attorney at law who is
admitted to practice before the Federal courts or before the highest
court of any State, the District of Columbia, or any territory or
commonwealth of the United States, may practice before the Board
unless he or she has been disqualified from representing claimants under
the Act pursuant to 33 U.S.C. 931(b)(2)(C), or unless authority to
appear has been denied pursuant to Sec. 802.202(e)(1) and (3). An
attorney's own representation that he or she is in good standing before
any of such courts shall be sufficient proof thereof, unless otherwise
ordered by the Board.
(2) Persons not attorneys. Any person who is not an attorney at law
may be admitted to appear in a representative capacity unless he or she
has been disqualified from representing claimants under the Act pursuant
to 33 U.S.C. 931(b)(2)(C). An application by a person not an attorney at
law for admission to appear in a proceeding shall be submitted in
writing to the Board at the time such person's appearance is entered.
The application shall state such person's name, address, telephone
number, general education, any special training or experience in claims
representation, and such person's relationship, if any, to the party
being represented. The Board may, at any time, make further inquiry as
to the qualification or ability of such person to render assistance. In
the event of a failure to make application for admission to appear, the
Board shall issue an order to show cause why admission to appear should
not be denied. Admission to appear in a particular case shall not be
deemed a blanket authorization to appear in other cases.
(e) Denial of authority to appear--(1) Attorneys. The Board may deny
the privilege of appearing to any attorney, within applicable statutory
constraints, e.g., 5 U.S.C. 555, who has been disbarred or suspended
from the practice of law; who has surrendered his or her license while
under investigation or under threat of disciplinary action; or who,
after notice of an opportunity for hearing in the matter is found by the
Board to have engaged in any conduct which would result in the loss of
his or her license. No provision hereof shall apply to any attorney who
appears on his or her own behalf.
(2) Persons not attorneys. The Board may deny the privilege of
appearing to any person who, in the Board's judgment, lacks sufficient
qualification or ability to render assistance. No provision hereof shall
apply to any person who appears on his or her own behalf.
(3) Denial of authority to appear may be considered, after notice of
and opportunity for a hearing, by the panel (constituted pursuant to
Sec. 801.301) which is assigned to decide the appeal in which the
attorney or other person has entered an appearance. If such proceeding
reveals facts suggesting that one of the circumstances described in 33
U.S.C. 931(b)(2)(C) exists, the Board shall refer that information to
the Director, OWCP, for further proceedings pursuant to 33 U.S.C.
931(b)(2)(C) and 907(j). An attorney or other person may appeal a
panel's decision to deny authority to appear to the entire permanent
Board sitting en banc.
[52 FR 27292, July 20, 1987, as amended at 53 FR 16519, May 9, 1988]
