Appearance, practice, and withdrawal before the commissioner
Arkansas Code § 23-39-504
(a)
- (1) Any party appearing in any proceeding has the right, at the party’s own expense, to be represented by an attorney.
- (2) The attorney must be duly admitted to practice law in the State of Arkansas and in good standing with the Bar of Arkansas.
- (3) The Securities Commissioner, at his or her discretion, may require any attorney who desires to represent a person before the commissioner to first file with the commissioner a written declaration that he or she is currently qualified and is authorized to represent the particular party on whose behalf he or she acts.
(4) Attorneys in good standing from other jurisdictions may request and, for good cause shown, be allowed to appear in a contested case, provided an attorney admitted to practice in Arkansas:
- (A) Is present during the entire proceeding;
- (B) Signs all pleadings and other papers filed in the proceeding; and
- (C) Agrees to take full responsibility for supervising the conduct of the attorney.
(b)
- (1) Any party may appear on his or her own behalf in a contested case.
- (2) Other duly authorized individuals include a partner, member, or manager of a partnership or limited liability company who may appear and represent the partnership or limited liability company.
- (3) A duly authorized officer, director, or employee of any agency, institution, corporation, or authority may appear and represent the agency, institution, corporation, or authority.
(c)
- (1) Any party acting pro se shall so notify the commissioner in writing.
- (2) The notice of appearance shall include accurate contact information.
- (d) Service on the attorney of record is the equivalent of service on the party represented.
(e) After a notice of appearance is filed by a party or attorney, copies of all subsequent pleadings shall be provided to:
- (1) The person named in the notice of appearance; and
- (2) The person designated to represent the State Securities Department staff.