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3. Representation

Parties may be heard with or without representation.

  1. Attorney representation. 
    Attorney representatives must file a written notice of appearance.  The notice of appearance must be signed and must include the following contact information:  mailing address, telephone number, and e-mail address.  A request for hearing filed by an attorney representative will suffice for a notice of appearance, so long as it includes the required contact information.
  2. Non-attorney representation.
    1. Non-attorney representation is not authorized in certain cases, including those governed by 42 C.F.R. Part 1005 (Department of Health and Human Services Office of the Inspector General, Appeals of Exclusions, Civil Money Penalties and Assessments) or 20 C.F.R. Part 498 (Social Security Administration, Civil Monetary Penalties, Assessments and Recommended Exclusions).  A party must refer to the regulations applicable to its case to determine whether it may have non-attorney representation.
    2. If the applicable regulations authorize non-attorney representation, a non-attorney representative must file a written appointment of representation.  The appointment of representation must be signed by the non-attorney representative and the individual with authority to appoint the non-attorney representative, such as the affected party himself or herself or the affected party’s authorized official (e.g., president or chief executive officer).  The notice of appearance must include the following contact information:  mailing address, telephone number, and e-mail address of the non-attorney representative.
  3. Unrepresented parties.  
    An unrepresented party must include his or her mailing address, telephone number, and e-mail address with the hearing request.
Content created by Departmental Appeals Board (DAB)
Content last reviewed on December 16, 2014