South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-805 - Representation

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Parties and Their Representatives. Parties in a case have the right to
			 participate or to be represented in all hearings or pre-hearing conferences
			 related to their case. Except as otherwise provided herein, a party must be
			 represented by an attorney admitted to practice law in South Carolina, or an
			 attorney possessing a Limited Certificate of Admission pursuant to Rule
			 405, SCACR. No one shall be permitted to
			 represent a party where such representation would constitute the unauthorized
			 practice of law.
B. Representation
			 of Entities. Except as otherwise provided in S.C. Code Ann. Regs. 103-805(E),
			 any entity including, but not limited to, a corporation, partnership, limited
			 liability company, or professional association, must be represented by an
			 attorney admitted to practice law in South Carolina, or an attorney possessing
			 a Limited Certificate of Admission pursuant to Rule
			 405, SCACR.
C. Representation of Individuals. An
			 individual person not admitted to practice law in South Carolina may represent
			 himself or herself but may not represent another person. A party proceeding
			 without legal representation shall remain fully responsible for compliance with
			 the commission's regulations and the Administrative Procedures Act and must
			 agree to E-Filing and E-Service as provided in S.C. Code Ann. Regs. 103-817.1
			 unless excused from doing so for good cause shown.
D. Notice of Appearance. An attorney or other
			 person authorized to represent a party before the commission pursuant to this
			 regulation shall file with the commission a notice of appearance when retained
			 or authorized to represent a party after commencement of a case.
E. Unopposed Matters in Which an Entity May
			 Proceed without Counsel. Subject to the conditions specified in this
			 regulation, an entity may proceed through an authorized agent in any unopposed
			 case, including but not limited to the following:
(1) application for approval of a
			 tariff,
(2) application for
			 approval of a contract,
(3)
			 application for approval of an interconnection agreement between telephone
			 carriers,
(4) application for
			 approval of a name change,
(5)
			 application to operate as a Class C motor carrier, including a charter
			 passenger carrier, a charter bus, and a taxi, and
(6) application of a mover of household goods
			 for a certificate.
If the entity chooses not to use an attorney, it shall include
				in its submission a written statement from the entity's president, chairperson,
				general partner, owner, chief executive officer, or authorized agent which
				states substantially the following:
"I am owner, officer, director, or other person authorized to
				act on behalf of [Name of Company], and on behalf of [Name of Company], I have
				elected to submit [Title of Document] to the Public Service Commission of South
				Carolina without the benefit of legal counsel admitted to practice in South
				Carolina. In electing to file [Title of Document] without legal counsel, I
				acknowledge and agree to assume the risk, if any, of resulting adverse legal
				consequences."
However, if the case becomes opposed, the unrepresented entity
				must obtain legal representation by an attorney authorized to practice law in
				South Carolina in order for the commission to allow the matter to
				proceed.