Mississippi Administrative Code › Title 20 - Labor › Part 101 - REGULATIONS OF THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY › INTRODUCTION › Chapter 200 - BENEFIT APPEAL REGULATIONS › Section 20-101-200-204.00 - Representation before Administrative Law Judges and Board of Review

Current through June 25, 2024
(A) Any individual may represent themselves,
				  or have a duly authorized representative or counsel in any evidentiary hearing
				  before an ALJ or the Board of Review. Any partnership may be represented by any
				  of its members or its duly authorized representative. Any corporation or
				  association may be represented by an officer or its duly authorized
				  representative.
(B) All fees for
				  representation that are charged to claimants must be approved by the ALJ or the
				  Board of Review, as the case may be, for representation in hearings before
				  them. No fee shall be allowed unless request for such fee shall have been filed
				  with the ALJ or the Board of Review, as the case may be, prior to the
				  adjournment of the hearing.
(C) As
				  authorized in Section
				  71-5-537 of
				  the Law, the Board of Review hereby approves, subject to the provisions of
				  subsection (4) below, the following charges for representing claimants by
				  persons entitled to charge for such representation by the laws of this State:
(1) For representation in proceedings before
				  an ALJ, not to exceed eighty (80%) per centum of the claimant's weekly benefit
				  amount or thirty dollars ($30.00), whichever is greater.
(2) For representation in proceedings before
				  the Board of Review, not to exceed one hundred twenty (120%) per centum of the
				  claimant's weekly benefits amount or fifty dollars ($ 50.00) whichever is
				  greater.
(3) For representation in
				  proceedings in the Circuit Court or the Supreme Court, such fee as may be
				  approved by the Court.
(4) In any
				  case in which the claimant and his or her counsel believe the fee as approved
				  in subsection (1) or (2) above for representation in proceedings before the ALJ
				  or the Board of Review is insufficient, the amount of the fee may be appealed
				  by giving notice in writing to the ALJ or the Board of Review at the hearing
				  and filing within ten (10) days. A sworn statement, signed by the claimant and
				  the counsel, of the facts upon which they base their contention must be
				  presented. The Board of Review will render its final decision on any such
				  appeal on the amount of fee at its next regular meeting after receipt of the
				  sworn statement. In appeals on the amount of fee for representation in
				  proceedings before the ALJ, the Board of Review may request a statement from
				  the ALJ on the reasonableness of the fee being requested.
(5) An appeal on the amount of fee for
				  representation of a claimant shall be entirely separate and apart from and
				  shall have no bearings whatsoever upon the appeal proceedings on the merits of
				  the pertinent claim, decisions, or appeals.
(6) If a party is represented by more than
				  one duly authorized representative at a hearing, only one of them may
				  participate in the hearing.