20031029Notice of Pending Rule.pdf

IDAP A 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.01.01 - RULES OF PROCEDURE
DOCKET NO. 31-0101-0301- (FEE RULE)
NOTICE OF RULEMAKING - PENDING RULE
EFFECTIVE DATE: This rule has been adopted by the agency and is now pending review by
the 2004 Idaho State Legislature for final approval. The pending rule becomes final and effective
after the rule is approved, rejected, amended or modified by concurrent resolution in accordance
with Section 67-5224(5)(c) and 67-5291 , Idaho Code. After the pending rule is approved
rejected, amended or modified by concurrent resolution, the rule becomes final and effective
upon adoption of the concurrent resolution or upon the date specified in the concurrent
resolution.
AUTHORITY: In compliance with Section 67-5224, Idaho Code, notice is hereby given that the
Commission has adopted a pending rule. This action is authorized pursuant to Sections 61-601
61-617A(4), and 62-615(3), Idaho Code.
DESCRIPTIVE SUMMARY: The following is a concise explanatory statement of the reasons
for adopting the pending rule and a statement of any change between the text of the proposed
rule and the text of the pending rule with an explanation of the reasons for the change.
With the exception of one change noted in the "Fee Summary" below, the pending rule is being
adopted as proposed. The complete text of the proposed rule was published in the October 1
2003 Idaho Administrative Bulletin, Volume 03-, pages 468-479.
FEE SUMMARY: The following is a specific description of the fee or charge imposed. This fee
or charge is being imposed pursuant to an Order of the Idaho Supreme Court and Sections 3-401
408, and 3-413, Idaho Code.
Section 043 adopts by incorporation and modifies Idaho Bar Commission Rule 222. This Bar
Rule was issued by the Idaho State Bar and approved by the Idaho Supreme Court. Bar Rule 222
governs the practice of law by out-of-state attorneys applying for limited admission in Idaho
courts. Bar Rule 222 establishes a $200 fee for out-of-state attorneys (effective October 1 2000)
and the fee is payable to the State Bar. The Commission proposed to adopt a modified version of
Bar Rule 222 for out-of-state attorneys applying for limited admission to represent parties in
major cases before the Public Utilities Commission. In response to the one comment that
addressed Section 043, the text of the section has been amended in accordance with Section 67-
5227, Idaho Code. Instead of applying for separate admission for each major case, out-of-state
attorneys shall apply for limited admission just once annually. Because this section has changes
the pending text is printed in this bulletin.
ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions
concerning this pending rule, contact Donald L. Howell, II, Deputy Attorney General, at (208)
334-0312.
DATED this J"'day of October 2003.
Je D. Jewell
ission Se retary
Idaho Public Utilities Commission
472 W. Washington St. (83702-5983)
PO Box 83720
Boise, ill 83720-0074
Tele: [phone]
FAX: [phone]
IDAPA 31
TITLE 01
CHAPTER 01
31.01.01 - RULES OF PROCEDURE OF THE
IDAHO PUBLIC UTILITIES COMMISSION
043.REPRESENTATION OF PARTIES AT HEARINC PROCEEDINGS (Rule 43).
Recognizing that proceedings before the Commission are sometimes administrative in nature or
quasi-judicial in nature,A~ppearances and representation of parties at hearing flffiSt shall be as
follows:(7 1 93)(
01. Natural Person. A natural person must represent himself or herself or be represented
by a duly authorized employee an attorney, family member or next friend (7 1 93)(
02. Partnership. partnership must be represented by a partner, duly authorized
employee, or an attorney.(7-93)
03. Corporation. corporation must be represented by an officer, duly authorized
employee, or an attorney.(7-93)
04. Other Entity. A municipal corporation, state, federal, tribal, or local government
agency, or entity, incorporated association, or non-profit organization must be represented by an
officer, a duly authorized employee or an attorney. (7-93)
05. Attorney Representation. Only an active member of the Idaho State Bar may
represent a party as an attorney except as provided by Idaho Bar Commission Rule 222 (Limited
AdmissionIPro Hac Vice). The Commission adopts by incorporation Bar Rule 222 as modified
below.
a. Given the administrative nature of many proceedings, limited admission by out-of-
state attorneys will not be necessary in conjunction with administrative filings such as tariff
schedules, tariff advices, price lists, certificates to provide local exchange service, and
interconnection agreements. Out-of-state attorneys representing a party in one (1) or more quasi-
judicial cases (such as formal complaints, motions, petitions, and applications that request
modified procedure or an evidentiary hearing), must request limited admission at least one (1)
time per calendar year.
b. An attorney applying for limited admission to appear before the Commission in a
representative capacity shall file a written motion with the Commission Secretary and serve a
COPY on all parties. The motion shall be substantially in the form set out in Bar Rule 222(1) with
references to the Commission instead of the court.
c. A copy of the written motion shall be submitted to the Idaho State Bar accompanied
by the fee prescribed by Bar Rule 222(i).