[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR501.704]



[Page 54-55]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 501_REPORTING, PROCEDURES AND PENALTIES REGULATIONS--Table of 

Contents

 

          Subpart D_Trading With the Enemy Act (TWEA) Penalties

 

Sec. 501.704  Appearance and practice.



    No person shall be represented before the Director in any civil 

penalty matter, or an Administrative Law Judge or the Secretary's 

designee in a civil penalty hearing, under this subpart except as 

provided in this section.

    (a) Representing oneself. In any proceeding, an individual may 

appear on his or her own behalf.

    (b) Representative. Upon written notice to the Director,

    (1) A respondent may be represented by a personal representative. If 

a respondent wishes to be represented by counsel, such counsel must be 

an attorney at law admitted to practice before the Supreme Court of the 

United States, the highest court of any State, commonwealth, possession, 

or territory of the United States, or the District of Columbia;

    (2) a duly authorized member of a partnership may represent the 

partnership; and

    (3) a bona fide officer, director, or employee of a corporation, 

trust or association may represent the corporation, trust or 

association.

    (c) Director representation. The Director shall be represented by 

members of the Office of Chief Counsel or any other



[[Page 55]]



counsel specifically assigned by the General Counsel.

    (d) Conflicts of interest--(1) Conflict of interest in 

representation. No individual shall appear as representative for a 

respondent in a proceeding conducted pursuant to this subpart if it 

reasonably appears that such representation may be materially limited by 

that representative's responsibilities to a third person, or by that 

representative's own interests.

    (2) Corrective measures. An Administrative Law Judge may take 

corrective measures at any stage of a proceeding to cure a conflict of 

interest in representation, including the issuance of an order limiting 

the scope of representation or disqualifying an individual from 

appearing in a representative capacity for the duration of the 

proceeding.