DO I NEED A LAWYER?


No one is required by the Office of Administrative Hearings to have a lawyer. Individuals may, of course, represent themselves. However, when a party wishes to be represented by another, the Supreme Court restricts that representation to licensed attorneys, with exceptions. (see generally Rule 31, Rules of the Supreme Court )

Corporations or other legal entities are not individuals and therefore must be represented. The Supreme Court allows these entities to be represented before the OAH by full-time employees and officers, subjects to certain requirements. (see Rule 31(c)(11)) An example would be a contracting company in a Registrar of Contractors case who could chose to be represented by a properly authorized corporate officer or employee. The article, "Representation in ROC Disciplinary Proceedings ", discusses such representation and provides useful guidance in any type of case in which an entity is a party.

Certain exceptions also exist for agencies whose hearings are conducted by the OAH. (see for example Rule 31(c)(12) , allowing anyone to represent a party in AHCCCS cases, as long as no fee is charged. )

The Office of Administrative Hearings may not give legal advice to you, although it will do everything it can to provide you with a fair and impartial hearing. It will also help you understand and follow the procedures to present your case.


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