4004 APPEARANCES AND REPRESENTATION

4004.1 In any proceeding the following appearances may be made:

1. (a) An individual, receiver, or trustee may appear in his or her own behalf;
2. (b) A member of a partnership may represent the partnership;
3. (c) An officer of a corporation may represent the corporation;
4. (d) A member selected by the members of an association or an employee of the association, a group of tenants or non-profit corporation may represent the association, group or non-profit corporation;
5. (e) A managing agent or property agent, licensed by the District of Columbia and employed by a housing provider for the day-to-day management and operation of a housing accommodation, may represent an owner if only the owner is named as a party; or
6. (f) An owner may represent the managing agent or property manager if only the managing agent is named as a party.

4004.2 Nothing in § 4004.1 prohibits the provision of technical assistance by a non-profit community service agency.

4004.3 Any person appearing before, or transacting business with, RACD in a representative capacity may be required to establish authority to act in that capacity.

4004.4 A person may be represented in any proceeding before RACD by one of the following:

1. (a) An attorney admitted to the practice of law in the District of Columbia, pursuant to the Rules of the District of Columbia Court of Appeals;
2. (b) An attorney admitted to practice before the highest court of any state upon the granting by the Rent Administrator of a motion for special appearance;
3. (c) Any law student practicing under the supervision of an attorney admitted to practice in the District of Columbia as part of a program approved by an accredited law school for credit; provided, that the law student's representation before the RACD is undertaken pursuant to the student's participation in the clinical program; provided further, that the law student's supervising attorney is present at any hearing before the RACD; or
4. (d) A family member or close personal friend of a party, where the party is incapable of presenting his or her case because of a language barrier, physical infirmity, or mental incapacity; provided, that the family member or friend receives no compensation for representing the party before RACD.

4004.5 The Rent Administrator may disqualify or deny, temporarily or permanently, the privilege of appearing or practicing before it or the Rent Administrator in any way, to any individual who is found by the Rent Administrator, after hearing, either to be lacking in the requisite qualifications to represent others or to have engaged in unethical, improper or unprofessional conduct; provided, that any individual who shall willfully mislead the Commission or its staff by a false statement of fact or law shall be disqualified permanently.

4004.6 If it appears to the hearing examiner at any time during the proceedings that the matter under review is so complicated or that the potential liabilities are so great that in the interest of justice a party ought to be represented by an attorney, the hearing examiner shall urge the party to obtain the services of an attorney.

4004.7 If the party agrees to obtain the services of an attorney, the opposing party shall be so advised, and the hearing on the matter shall be continued for a reasonable time in order to allow the party to retain counsel and prepare for a hearing. The continuance shall not exceed thirty (30) days.

4004.8 Upon motion of a party and upon good cause shown, the hearing examiner may disqualify a party's representative on the grounds of conflict of interest.

4004.9 In the event the selected representative of a party is disqualified, the matter shall be continued for a reasonable time to allow the party to obtain another representative and to allow that representative to prepare to participate in the proceedings. The continuance shall not exceed thirty (30) days.

4004.10 Any representative of a party who wishes to withdraw from a matter pending before the RACD shall give written notice to that effect to the hearing examiner and to all parties; provided, that the hearing examiner shall consent to the withdrawal before it is effective, and shall have the right to impose such conditions upon withdrawal which shall preserve the administrative process.

SOURCE: Notice of Final Rulemaking published at 33 DCR 1336, 1362-1364 (March 7, 1986); as amended by: Notice of Final Rulemaking published at 33 DCR 2656, 2659 (May 2, 1986); and Notice of Final Rulemaking published at 33 DCR 3179 (May 23, 1986).