§104.21. Representation

a)         The appellant may represent himself at the hearing or may be represented by legal counsel or other authorized representative and need not be present at the hearing.  Action or inaction of an authorized representative shall be deemed to be action or inaction of the appellant.

 

b)         If the appellant is not present at the hearing, a written, signed authorization designating the representative to serve in said capacity shall be required if:

 

1)         the representative is an employee, agent, or representative of a hospital;

 

2)         the representative is an employee, agent, or representative of a group care facility; or

 

3)         the hearing officer, in his judgment, has reason to question the representative's authority to serve in said capacity.

 

c)         If written authorization is not available at the hearing, it shall:

 

1)         Be presented to the hearing officer within two working days subsequent to the adjournment of the hearing.

 

2)         If, in the judgment of the hearing officer, circumstances warrant a period greater than two days for presentation of written authorization, the time period established by the hearing officer shall be controlling.

 

3)         If the authorization is not received within the time period provided it shall be deemed a non-appearance and dismissed pursuant to Section 104.60.

 

(Source:  Amended at 5 Ill. Reg. 10753, effective October 1, 1981)