TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER i: MATERNAL AND CHILD HEALTH
PART 672 WIC VENDOR MANAGEMENT CODE
SECTION 672.610 APPEARANCE AND REPRESENTATION OF A PARTY


 

Section 672.610  Appearance and Representation of a Party

 

a)         A party may be represented by an attorney who is licensed to practice law in Illinois. Attorneys who appear in a representative capacity must file a written notice of appearance setting forth:

 

1)         the name, address and telephone number of the attorney;

 

2)         the name and address of the party represented; and

 

3)         an affirmative statement indicating that the attorney is licensed to practice law in Illinois.

 

b)         An attorney may withdraw from representation only upon written notice to the Department stating the reasons for withdrawal and consistent with the Code of Civil Procedure [735 ILCS 5].  Such withdrawal shall require an appropriate ruling by the Administrative Law Judge.

 

c)         A sole proprietor who is authorized as a WIC Retail Vendor or former Vendor, or any person or entity engaged in the activity of a WIC Vendor may appear and be heard on his own behalf.

 

d)         A corporation or association which is authorized as a WIC Retail Vendor or was authorized as a former Vendor, or any person or entity engaged in the activity of a WIC Vendor shall appear and be heard only by an attorney licensed to practice in the State of Illinois.

 

e)         A partnership or limited partnership authorized as a WIC Retail Vendor or that was authorized as a former Vendor, or any person or entity engaged in the activity of a WIC Vendor may appear and be heard by any partner, upon presentation to the Department of written authorization from all partners authorizing him to act in a representative capacity.

 

f)         A Limited Liability Company authorized as a WIC Retail Vendor or that was authorized as a former Vendor, or any persons or entity engaged in the activity of a WIC Vendor, shall appear and be heard only by an attorney licensed to practice in the State of Illinois.

 

g)         Special appearances are not recognized.  The initial appearance regardless of form is deemed a general appearance.

 

h)         Each party to a proceeding who appears before the Department either in person or by counsel, shall inform the Department in writing or upon the record of the address at which any notice or other document may be served upon him or her in such proceeding.  All further service may be made by regular mail unless otherwise required by statute or rule.  Service shall be presumed unless disputed in the record.

 

i)          Attorneys appearing before the Department shall conform their conduct to the Illinois Code of Professional Responsibility.  Any failure to behave in a manner which permits the efficient functioning of the hearing will authorize the Administrative Law Judge to take the following actions:  

 

1)         limitation of evidence;

 

2)         substitution of written argument in place of oral argument; or

 

3)         exclusion of an attorney from the proceeding.

 

(Source:  Amended at 24 Ill. Reg. 7509, effective May 1, 2000)