1. (a) The case in support of the complaint shall be presented at a public hearing under section 9(e) of the act (43 P. S. § 959(e)) by a staff counsel or agent of the Commission, by the complainant’s attorney or by a designated agent of the complainant.
2. (b) An attorney or designated agent of complainant, who intends to present the case in support of the complaint at a public hearing under section 9(e) of the act, shall file a Notice of Intent and a Certificate of Authority in the form specified in subsections (d) and (e).
3. (c) The filing of a Notice of Intent and a Certificate of Authority will relieve the Commission of its duty to provide a staff counsel or agent of the Commission to present the case in support of the complaint. A Notice of Intent and a Certificate of Authority may be withdrawn and new ones substituted at any time. For good cause shown, and where the policies of the act will be effectuated thereby, the Commission may by order allow a Notice of Intent to be withdrawn, without substitution, and the Commission’s duty to present the case to be reinstated.

4. (d) The Notice of Intent shall be in substantially the following form:

   Notice is hereby given that A. B., attorney/designated agent of complainant, intends to present the case in support of the complaint at the public hearing in the above-captioned proceeding, as provided under § 9(e) of the Pennsylvania Human Relations Act.

   /s/ Attorney/designated agent Address & Telephone No.

5. (e) The Certificate of Authority shall be in substantially the following form:

   I, C. D., complainant in the above captioned proceeding, hereby certify that the above named attorney/designated agent has my express authority to present my case at public hearing and that I understand I am foregoing my right to be represented at such hearing by an attorney or agent of the Human Relations Commission.
   I do/do not authorize that Commission staff counsel remain involved in this proceeding at public hearing.

   /s/ Complainant

(Caption)

NOTICE OF INTENT

(Caption)

CERTIFICATE OF AUTHORITY

Source

The provisions of this § 42.106 adopted April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909.

Cross References

This section cited in 16 Pa. Code § 42.42 (relating to authorization to employ discovery measures); 16 Pa. Code § 42.107 (relating to supervision of designated agent of complainant; form); and 16 Pa. Code § 42.108 (relating to continued involvement by Commission staff).