|
Agencies That Allow NonLawyer Practice
NFPA's Roles and Responsibilities Committee has been researching which federal agencies allow nonlawyer representation. What follows is a compilation of the Committee's research to date. In future the committee will develop a list of specific paralegal tasks under each of these areas. If you or someone you know works in any of these areas, you can assist in this endeavor.
Federal Agencies That Permit Nonlawyer Representation
The statutory authority for each is shown after the name of the agency.
Board of Immigration Appeals
Immigration and Naturalization Service [8 CFR 292.1-3]
Bureau of Indian Affairs
Financial Assistance and Services Program [25 CFR 20]
Civil Aeronautics Board [14 CFR 300.1-6, 302.11]
Comptroller of the Currency [12 CFR 19.3]
Consumer Product Safety Commission [16 CFR 1025.61, et seq.]
Department of Agriculture
Food Stamps [7 CFR 273]
Marketing Service [7 CFR 50.27]
Department of Commerce
Patent & Trademark Office* [35 U.S.C. § 31-33]
*Only registered practitioners are permitted to practice. Nonlawyers become registered by passing a character and fitness review and an examination. Nonlawyers who have served four years in the examining corps of the Patent and Trademark Office may waive the exam. See 57 CFR 1.341
Office of Secretary [5 CFR Part 1201]
Department of Health and Human Services
Food and Drug Administration [32 CFR 12.40, 12.45]
Public Health (Medicare, Part B) [42 CFR 405]
Welfare (Medicare, Aid to Families w/Dependent Children [45 CFR 205]
Department of Justice
Drug Enforcement Administration [21 CFR 1316.50]
Department of Labor
Benefits Review Board [20 CFR 802.201(b), 802.202]
Employees Compensation Appeals Board [20 CFR 501.11]
National Railroad Adjustment Board* [45 U.S.C. 3153]
*Only entities identified in 45 U.S.C. § 151 are allowed to practice. Almost 100% of nonlawyer representation is by industry employees.
Wage and Appeals Board [20 CFR 725.362(a), 725.365, 725.366(b)]
Department of Transportation
Maritime Administration* [46 CFR 201.21]
*Only registered nonlawyers are permitted to practice.
Department of Veterans Affairs
Veterans Administration [38 CFR 14]
Federal Deposit Insurance Corporation* [12 CFR 308.04]
*Only qualified nonlawyers are permitted to represent.
Federal Energy Regulatory Commission [18 CFR 385.2101]
Federal Maritime Administration* [46 CFR 502.30]
*Only registered nonlawyers are permitted to appear. Certificates of registration are issued on payment of processing fee and completion of application form indicating sufficient educational qualifications and recommendations. There is no testing or formal licensing.
Federal Mine Safety & Health Review Commission* [29 CFR 2700.3(b)]
*Appearances are made at trial hearings before administrative law judges and at appellate reviews before commissioners. A nonlawyer may practice only if the nonlawyer is a party, a representative of miners as described in 30 CFR § 10.1(b), or the owner, partner, full time [sic]officer or employee of the party-business entity; otherwise a nonlawyer is permitted to appear for limited purpose in special proceedings.
General Accounting Office* [31 U.S.C. 731-732; 4 CFR 11, 28; GAO Orders 2713.2, 2752.1 and 2777.1]
*Permitted in adverse actions, grievance proceedings and discrimination complaints.
Internal Revenue Service* [13 CFR Part 10; 31 U.S.C. 330]
*Nonlawyers must become enrolled agents by passing a character and fitness review and successfully completing a special enrollment examination testing on federal taxation and related matters. A nonlawyer may also qualify based on former employment with the IRS, provided such duties qualify the individual.
Interstate Commerce Commission* [49 CFR 1103]
*Only registered nonlawyers are permitted to practice. To register, applicant must (1) meet educational and experience requirements, (2) undergo character and fitness review, (3) pass exam administered by the agency testing knowledge in the field of transportation, and (4) take an oath. See 49 CFR § 1103.3.
National Credit Union Administration [12 CFR 747]
National Mediation Board [agency governed by 29 CFR 1200]
National Transportation Safety Board* [49 CFR 821, 831, 845]
*Nonlawyer appearances are infrequent except at investigatory levels. Nonlawyer participation is discouraged because technical expertise is required.
Occupational Safety and Health Review Commission [29 CFR 2200.22]
Small Business Administration [13 CFR 121.11, 134.16]
Social Security Administration [42 U.S.C. 406(a); 29 CFR]
Supplemental Security Income (SSI) [20 CFR 416, subpart O]
U.S. Customs Service [no statute or regulation]
U.S. Environmental Protection Agency [40 CFR 124, 164.30, 22.10]
State Agencies That Permit Nonlawyer Representation
In addition to nonlawyer representation at federal agencies, the Committee also studied state and local agencies that allow nonlawyer representation. Below is an initial listing.
Alaska
Human Rights Commission (Alaska Op. Att. Gen. 1979 WL 22915)
Nonlawyer may appear at an administrative hearing.
California
Workers Compensation (California Bar Committee on Professional Responsibility formal opinion 1988-103)
A law firm can allow its paralegals to represent clients at workers compensation hearings if there is supervision and the client consents to nonlawyer representation.
California
Labor (California Labor Code, sections 5501, 5700)
Allows nonlawyer representation.
California
Unemployment (California Unemployment Insurance Code § 1957 (1956)
Nonlawyer may represent any individual claiming benefits in any proceedings before the Appeals Board.
Illinois
Department of Unemployment Security (820 ILCS 405/806)
A nonattorney may represent an individual or entity in any proceeding before the Director, referee or board of review.
Illinois
Workers Compensation (50 Ill. Admin Code Sec. 7020.40(b)
Nonlawyers may appear on routine matters such as agreed continuances or other agreed ministerial acts before the Industrial Commission for workers compensation matters.
Michigan
Unemployment Compensation
Allows nonlawyer representation.
Minnesota
Workers Compensation
Nonlawyers allowed to represent employers before workers compensation administrative law judge.
New York
70% of state agencies and 63% of New York City agencies allow some form of nonlawyer representation. [New York County Association, Committee on Legal Assistants, Committee Report (October 14, 1993)]
Ohio
Workers Compensation
Nonlawyers are allowed to represent parties before the Industrial Commission.
Washington - Seattle (King County)
Courts, King County Bar Association Opinion
Nonlawyers are allowed to present ex parte orders that have been agreed on.
Washington - Tacoma (Pierce County)
Courts, Pierce County Bar Association Opinion
Nonlawyers are allowed to present ex parte orders that have been agreed on.
Wisconsin
Workers Compensation
Allows nonlawyer representation.
You can move the Committee's work along by sharing the information you know. If you can assist the Committee by informing it of duties performed by a nonlawyer representing clients before a federal, state or local agency, and the authority therefor, please send the information to NFPA, P.O. Box 2016, Edmonds, WA 98020-9516 or VPPI@paralegals.org.
|
