<?xml version='1.0' encoding='utf-8'?>
<section article="gsg" article_name="State Government" number="9-1607.1" title_number="9" title_name="Miscellaneous Executive Agencies" subtitle_number="16" subtitle_name="Office of Administrative Hearings">
  <level label="a">
    <text>An individual who is not licensed to practice law in this State may represent a party in a proceeding before the Office if:</text>
    <level label="1">
      <text>authorized by law;</text>
    </level>
    <level label="2">
      <text>the individual is representing:</text>
      <level label="i">
        <text>a recipient of or applicant for benefits that are:</text>
        <level label="1">
          <text>based on the recipient’s or applicant’s income and resources; and</text>
        </level>
        <level label="2">
          <text>provided by the Department of Human Services or the Maryland Department of Health;</text>
        </level>
      </level>
      <level label="ii">
        <text>a resident of a facility at a proceeding conducted under § 19–344(q)(4) or § 19–345.1 of the Health – General Article;</text>
      </level>
      <level label="iii">
        <text>a health care facility, as defined in § 10–101 of the Health – General Article, at a proceeding under the provisions of § 10–632 or § 10–708 of the Health – General Article or § 3–121 of the Criminal Procedure Article; or</text>
      </level>
      <level label="iv">
        <text>a grievant at a proceeding conducted pursuant to Title 10, Subtitle 2 of the Correctional Services Article concerning a grievance submitted to the Inmate Grievance Office, provided the representation is not otherwise restricted for reasons of security or expense pursuant to regulations, rules, directives, or policies adopted by the Division of Correction or Patuxent Institution;</text>
      </level>
    </level>
    <level label="3">
      <text>the individual is a designee of a corporation while appearing on its behalf in an administrative proceeding held under § 27–613 of the Insurance Article;</text>
    </level>
    <level label="4">
      <text>the individual is an officer of a corporation, an employee designated by an officer of a corporation, a general partner in a business operated as a partnership or an employee designated by a general partner, or an employee designated by the owner of a business operated as a sole proprietorship while the officer, partner, or employee is appearing on behalf of the corporation, partnership, or business in an administrative hearing held under:</text>
      <level label="i">
        <text>§ 8–312 of the Business Regulation Article (Home Improvement Commission);</text>
      </level>
      <level label="ii">
        <text>Title 5 of the Labor and Employment Article (Occupational Safety and Health); or</text>
      </level>
      <level label="iii">
        <text>regulations adopted pursuant to § 14–303 of the State Finance and Procurement Article, concerning the decertification of a minority business enterprise to conduct business with the Department of Transportation;</text>
      </level>
    </level>
    <level label="5">
      <text>in the case of an insurer, the individual is a designee of the insurer who:</text>
      <level label="i">
        <text>is employed by the insurer in claims, underwriting, or as otherwise provided by the Commissioner; and</text>
      </level>
      <level label="ii">
        <text>has been given the authority by the insurer to resolve all issues involved in the proceeding; or</text>
      </level>
    </level>
    <level label="6">
      <text>the individual is representing a unit of State government, at the direction of the unit of State government.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>An employee designated by a business entity under subsection (a)(3) or (4) of this section:</text>
      <level label="i">
        <text>shall provide the Office a power of attorney sworn to by the employer that certifies that the designated employee is an authorized agent of the business entity and may bind the business entity on matters pending before the Office; and</text>
      </level>
      <level label="ii">
        <text>may not be a disbarred or suspended lawyer in any state.</text>
      </level>
    </level>
    <level label="2">
      <text>A business entity may not contract, hire, or employ another business entity, other than an attorney, to provide appearance services under subsection (a)(3) or (4) of this section.</text>
    </level>
    <level label="3">
      <text>An employee designated by a business entity under subsection (a)(4) of this section may not be assigned on a full–time basis to appear in administrative hearings before the Office on behalf of the business entity.</text>
    </level>
  </level>
  <level label="c">
    <text>This section may not be interpreted to limit the right of an individual to appear on the individual’s own behalf.</text>
  </level>
</section>
