Representation

TITLE 38: FINANCIAL INSTITUTIONS CHAPTER II: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION PART 100 HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS SECTION 100.90 REPRESENTATION Section 100.90  Representation a)         A Party may be represented by an attorney who is licensed in Illinois or by an attorney otherwise permitted by law to practice in the State.  Attorneys who appear in a representative capacity must file a written notice of appearance setting forth: 1)         The name, address, email address, telephone number, and Supreme Court registration number of the attorney; 2)         The name, address, and email address of the Party represented; and 3)         An affirmative statement indicating that the attorney is licensed in Illinois or is appearing pro hac vice. b)         An attorney may withdraw from employment as a representative only upon filing a motion for leave to withdraw in writing stating the specific reasons for the withdrawal and providing notice to all parties.  The motion shall state the last known address and email address of the party represented.  The motion for withdrawal may be denied by the ALJ if the granting of it would delay the trial of the case or otherwise be inequitable.  Upon entry of an order granting a motion for withdrawal, the withdrawing attorney shall provide the client with a copy of all orders and pleadings from the proceeding in their possession. c)         A law student licensed under Illinois Supreme Court Rule 711 may appear on behalf of any Party as permitted by Illinois Supreme Court Rule 711 and shall be subject to the same requirements as an attorney. d)         Attorneys admitted to practice in states or jurisdictions other than the State of Illinois may appear and be heard in a specific Hearing pro hac vice as authorized and in compliance with Illinois Supreme Court Rule 707.  The attorney's appearance shall include documentation as to their eligibility or qualification under Illinois Supreme Court Rule 707. e)         Any individual may appear on their own behalf. f)         A corporation, limited liability company, professional limited liability company, or partnership must appear by legal counsel, licensed to practice in the State of Illinois or appearing pro hac vice. g)         Once an appearance is filed, a copy of all future filings shall be served upon the counsel of record, unless that counsel has withdrawn.  In addition to that service, a copy may be served on the Party represented. h)         The standard of conduct shall be the same as before the Courts of Illinois. Attorneys appearing before the Department shall conform their conduct to the Illinois Rules of Professional Conduct.  In participating in any hearing before the Department conduct: 1)         A person shall not engage in any conduct that brings disorder or disruption to the hearing room or remote setting.  Attorneys shall instruct their clients and witnesses appearing of the proper conduct expected and required in administrative hearings and, to the best of their ability, prevent their clients and witnesses from acting inappropriately; 2)         A person shall not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities in any oral or written communication to the ALJ; 3)         A person shall not interrupt the ALJ or opposing counsel, except when necessary to make an effective objection; 4)         Unless specifically permitted or invited by the ALJ, parties shall not send copies of correspondence between themselves to the ALJ.  This does not include transmission of courtesy copies of pleadings to the ALJ; and 5)         Parties shall notify the other party and the ALJ at the earliest possible time when hearings or conferences are to be canceled or postponed.  Early notice avoids unnecessary travel and expense and may enable the ALJ to use the previously reserved time for other matters. i)          Any failure to behave in a manner consistent with those standards of conduct or this Part will authorize an ALJ to take appropriate action, including, but not limited to: 1)         Limitation of evidence; 2)         Substitution of written argument in place of oral argument; 3)         If warranted, report of an attorney's misbehavior to the Attorney Registration and Disciplinary Commission of the Illinois Supreme Court; 4)         Exclusion of an attorney or other participant from the proceedings; or 5)         Suspension of the attorney or other participant's ability to appear before the Administrative Law Judge. j)          If any of the actions authorized by subsection (i) are taken by the ALJ, it shall be done as a matter of record, and the ALJ shall state for the record the specific reasons for the action. k)         A Party sanctioned under this Section may request the decision be reviewed by the Director.