- (a) A person appearing at any proceeding may be represented by a licensed attorney or by any duly authorized representative. The authorized representative is held to the same procedural and substantive standards as attorneys authorized to practice law. An appearance by an authorized representative may be entered in person or by subscribing the representative's name upon any pleading filed on behalf of the party or a person seeking to be a party or otherwise participate in the proceeding. The presiding officer may require a representative to submit proof of his or her authority to appear on behalf of another person. The authorized representative shall be considered to remain a representative of record unless a statement or pleading to the contrary is filed or stated in the record.
- (b) A party or the representative of a party shall enter an appearance in a contested case at least ten days before the initial hearing date of the contested case. The filing of a Notice of Hearing or a Request for Hearing or other pleading that commences a contested case shall be considered an entry of appearance. Failure to timely enter an appearance as provided herein shall entitle the opposing party to a reasonable continuance as determined by the Hearings Officer, but for not less than ten days.
- (c) Lead counsel. A party represented by more than one attorney or authorized representative in a matter before the commission may be required to designate a lead counsel who is authorized to act on behalf of all of the party's representatives, but all other attorneys or authorized representatives for the party may take part in the proceeding in an orderly manner, as ordered by the presiding officer.
Source Note:The provisions of this §401.21 adopted to be effective October 14, 1994, 19 TexReg 7800.