Qualified Representatives in Administrative Proceedings

Flashcards about qualified representatives in administrative and appellate proceedings.

Qualified Representative

A non-attorney who is permitted to represent parties in administrative proceedings under Florida's Administrative Procedure Act.

Administrative Procedure Act Design

To foster easy access to administrative determinations in contested proceedings, including allowing parties to have qualified representatives.

Presiding Officer's Determination of a Qualified Representative

Involves consideration of the person’s knowledge of jurisdiction, the Florida Rules of Civil Procedure relating to discovery, the rules of evidence (including hearsay), the factual and legal issues involved, and compliance with the Standards of Conduct for Qualified Representatives (F.A.C.R. 28-106.107).

Florida Supreme Court on Qualified Representatives

Ruled that qualified representatives in administrative proceedings can engage in the unlicensed practice of law without consequence, as the legislature intended to increase flexibility in the administrative process.

Qualified Representatives in Appellate Proceedings

Generally, a qualified representative's representation ends when the matter is appealed to a District Court of Appeal (DCA), as appellate proceedings fall under the jurisdiction of the judicial branch.

Florida Rules of Judicial Administration

Allows parties to be represented only by Florida-licensed attorneys, foreign attorneys who meet certain criteria, and eligible law students in appellate proceedings.

Corporations in Appellate Proceedings

Cannot appear in court 'in proper person' and represent themselves, even if a corporate officer or employee was a qualified representative in the administrative proceeding below.

Access to Justice Gap

The issue of whether qualified representatives should be allowed to represent parties in appeals to close the access to justice gap for those who cannot afford attorneys.

Richard J. Shoop

Author of the article, agency clerk for the Agency for Health Care Administration, and member of the Administrative Law Section’s Executive Council.

Conclusion

Qualified representatives help parties in administrative law, and is strictly confined to the administrative arena. Parties who appeal an administrative matter to a DCA have the choice of either proceeding on their own or hiring a Florida-licensed attorney.