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Opportunity for Public Comment on Natural Resource Commission's Proposed Rule - Environmental Law News

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Environmental Law News

Posted on: Nov 14, 2018

By Donald M. Snemis, Ice Miller LLP

The Natural Resources Commission has published a Notice of Intent to adopt a new rule governing the representation of parties by lawyers and non-lawyers during NRC proceedings. Proposed rule 312 IAC 3-1-3.5 provides as follows:

  • Individuals and sole proprietorships may participate in NRC proceedings in person or by a representative designated as such by the party.
  • A trust, partnership, association or other “unincorporated entity” may participate through its trustee, partners, members or other principals, or by a designated representative.
  • A corporation may participate in an NRC proceeding by “an individual who is duly authorized” by the corporation.
  • A state agency may participate by a “duly authorized” individual
  • If the designated representative is not an attorney, the representative must file a disclosure and an affirmation. 
  • The non-attorney representative will not be allowed to make legal arguments, address legal issues or otherwise engage in the representation “through the application of knowledge, judgment or principles association with a profession for which admission, licensure, permitting or registration is required by law unless the designated representative has acquired the necessary admission, license, permit or registration.”

The comment period for the rule is open through December 10, 2018. A public hearing has been scheduled for December 7, 2018.

The Notice of Intent, the complete text of the proposed rule, a timeline for the adoption of the rule, and other information regarding the proposal is available on the NRC’s website here.

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