(a) If at any time in proceedings before the office, a party or intervenor wishes to change the individual who will serve as their representative:
- (1) The new representative shall file an appearance; and
- (2) The individual whom the person wishes to replace as their representative shall file a motion to withdraw their appearance, stating therein the representative’s reasons for withdrawal.
(b) The withdrawal of an appearance may be made without a motion to withdraw if:
- (1) An appearance by another individual is on file for the party or intervenor represented;
- (2) No motions are pending; and
- (3) No adjudicative proceedings, hearings, or conferences are scheduled;
- (c) In circumstances other than those described in (b) above, an appearance may be withdrawn only upon motion granted by the ombudsman.
(d) The ombudsman shall grant a motion to withdraw an appearance if:
- (1) An appearance by another individual is on file for the represented person; and
(2) The ombudsman concludes that:
- a. Granting the motion would not in itself result in a delay of the proceedings;
- b. It does not appear that irreparable harm would occur to any other party or intervenor if the motion to withdraw were granted; and
c. The grounds for withdrawal given in the representative’s motion are either:
- 1. Not of such a nature that they appear to be the result of an effort to interfere with the efficient resolution of the case; or
- 2. Of such a nature that they would be likely to result in the more efficient resolution of the case.
Source. #13921, eff 5-20-24