Appearances at hearings

Yes. Under 1921.10(a) a party may appear in person and represent themselves instead of using counsel, because the rule says parties may "appear in person or by counsel" (1921.10(a)).

• This means an individual party who is a litigant can personally conduct their case at the hearing.
• If you choose to appear in person, you are responsible for presenting your own testimony and evidence.

Reference: 1921.10(a).

"Counsel" means an attorney who is a member in good standing of the bar of a Federal Court or of the highest court of any State or Territory of the United States, per 1921.10(a) (1921.10(a)).

• That definition limits "counsel" to licensed lawyers; it does not include non-lawyer representatives when they are acting in the role of counsel.

Reference: 1921.10(a).

Yes. Under 1921.10(a) an attorney who is a member in good standing of the bar of the highest court of any State or Territory may serve as counsel at the hearing (1921.10(a)).

• The rule does not require admission to practice in the forum federal court; state bar membership in good standing is sufficient for the definition of counsel.

Reference: 1921.10(a).

No. Under 1921.10(a) only a lawyer who is a member in good standing of the bar of a Federal Court or the highest court of any State or Territory qualifies as "counsel" for appearances (1921.10(a)).

• If a lawyer is not in good standing, they do not meet the rule's definition of counsel and therefore should not present themselves as counsel at the hearing.

Reference: 1921.10(a).

The rule says parties may appear "in person or by counsel," so a corporate party can appear in person, but 1921.10(a) does not define who may legally act for a corporation at the hearing (1921.10(a)).

• The text permits in-person appearance, but whether a non-lawyer employee may represent the corporation can depend on other procedural rules or the hearing officer’s practices.
• To be safe, a corporation often uses counsel who meets the definition in 1921.10(a) when formal representation is required.

Reference: 1921.10(a).

The text of 1921.10(a) does not address pro hac vice admission; it only defines "counsel" as a member in good standing of a Federal Court or a State/Territory highest court (1921.10(a)).

• Because 1921.10(a) itself does not discuss pro hac vice, you should confirm pro hac vice rules with the hearing officer or consult other applicable procedural authorities before relying on pro hac vice admission.

Reference: 1921.10(a).

If the opposing party fails to appear, the party who is present may choose to present all their evidence or only enough evidence to establish a prima facie case, according to 1921.10(b) (1921.10(b)).

• "Present all evidence" means proceed with the full case as planned.
• "Sufficient to make a prima facie case" means presenting enough evidence to establish the essential elements of the claim unless rebutted.
• The present party decides which option to take.

Reference: 1921.10(b).

No. Under 1921.10(b) failure to appear at a hearing is not a waiver of the right to be served with a copy of the hearing examiner’s decision and to file exceptions thereto (1921.10(b)).

• Even if a party misses the hearing, they are still entitled to receive the written decision and to file any exceptions allowed by the rules.

Reference: 1921.10(b).

Section 1921.10(b) does not authorize an automatic default decision; it gives the present party the option to present all evidence or only enough to make a prima facie case and states that failure to appear is not a waiver of the right to the decision and to file exceptions (1921.10(b)).

• The regulation does not provide for automatic default judgment simply because a party failed to appear; instead, the hearing proceeds at the election of the party present.
• Any final disposition must follow the hearing examiner’s procedures and applicable rules.

Reference: 1921.10(b).

In plain language, a "prima facie case" means presenting enough evidence to show the basic facts needed to support your claim unless the other side later rebuts them; 1921.10(b) allows presenting either a full case or just that minimum evidence when the opposing party does not appear (1921.10(b)).

• Practically, that often means producing the key witnesses, documents, or testimony that establish each essential element of your claim.
• If the examiner finds the prima facie evidence sufficient, the decision may favor the presenting party unless the absent party later files exceptions and successfully rebuts the evidence.

Reference: 1921.10(b).

Yes. Under 1921.10(b) failure to appear does not waive the absent party’s right to be served with the hearing examiner’s decision and to file exceptions, so the absent party may later challenge the decision through the exceptions process (1921.10(b)).

• Filing exceptions gives the absent party an opportunity to contest findings or raise legal arguments about the decision.

Reference: 1921.10(b).

No. Section 1921.10(a) only addresses who may appear in person or by counsel and defines "counsel"; it does not address payment of attorney fees or who pays for counsel (1921.10(a)).

• Fee arrangements are a matter for the parties and their attorneys, and any fee-shifting would depend on other statutes, contracts, or orders outside 1921.10(a).

Reference: 1921.10(a).

Section 1921.10(b) does not require special additional notice to the absent party beyond being served with the hearing examiner’s decision; it simply states that failure to appear is not a waiver of the right to be served with the decision and to file exceptions (1921.10(b)).

• The absent party will receive the hearing examiner’s written decision and can file exceptions as allowed by the procedural rules.

Reference: 1921.10(b).

No. Under 1921.10(a) "counsel" is limited to a member in good standing of the bar of a Federal Court or of the highest court of a State or Territory, so a paralegal or other non‑lawyer does not qualify as "counsel" (1921.10(a)).

• A non‑lawyer may assist a party behind the scenes, but may not act in the formal role defined as counsel unless authorized by other rules.

Reference: 1921.10(a).

No. 1921.10(a) defines who qualifies as "counsel" but does not require presentation of written proof of bar membership at the hearing itself (1921.10(a)).

• While the regulation does not mandate on-the-spot proof, the hearing officer may request verification of an attorney’s status if there is reason to doubt it.

Reference: 1921.10(a).

You should prioritize introducing the essential evidence that establishes each required element of your claim so that the hearing examiner can find a prima facie case under 1921.10(b) (1921.10(b)).

• Key documents (contracts, inspection reports, accident reports) that prove the crucial facts.
• Primary witnesses who can establish the essential events or conditions.
• Clear, concise testimony targeted to the elements the examiner must decide.

Reference: 1921.10(b).

No. Under 1921.10(a) parties may appear either in person or by counsel, so if a party is represented by counsel they do not personally need to appear unless required by the hearing examiner (1921.10(a)).

• Counsel may conduct the hearing on the party’s behalf, including presenting evidence and argument.

Reference: 1921.10(a).

Section 1921.10(b) does not specifically provide for reopening or a new hearing; it only states that failure to appear is not a waiver of the right to be served with the decision and to file exceptions (1921.10(b)).

• If a party believes good cause exists to reopen or seek relief, they should follow the procedural rules for exceptions, motions for reconsideration, or other remedies provided by the governing procedures or request relief from the hearing officer.

Reference: 1921.10(b).

No. 1921.10(a) only addresses who may appear as counsel; it does not limit the legal issues counsel may raise at the hearing (1921.10(a)).

• Counsel admitted under the definition may present legal arguments, evidence, and objections as appropriate to the matters before the hearing examiner, subject to the rules of procedure.

Reference: 1921.10(a).

Yes. 1921.10(b) permits the party who is present to present evidence, which includes calling witnesses; however, the rule does not specify the mechanics for cross‑examination of absent or unwilling witnesses and such matters are governed by the examiner’s procedures (1921.10(b)).

• If a witness is subpoenaed or otherwise available, the present party may present their testimony and the hearing officer will apply evidentiary rules on cross-examination.
• Practical arrangements (subpoenas, remote testimony) should be coordinated with the hearing officer in advance.

Reference: 1921.10(b).

Yes. 1921.10(a) allows parties to appear by counsel but does not prohibit substituting counsel; filing a substitution or new notice of appearance follows standard procedural practice and should be communicated to the hearing examiner and opposing parties (1921.10(a)).

• To avoid surprise or disruption, promptly notify the hearing officer and opposing parties of any change in counsel.

Reference: 1921.10(a).

Section 1921.10(b) allows presenting a prima facie case when the opposing party is absent, but it does not specify timelines for issuance of the hearing examiner’s decision (1921.10(b)).

• The examiner will issue a decision according to the applicable procedural schedule and internal practices; presenting only a prima facie case does not automatically change those timing rules.

Reference: 1921.10(b).

Yes. 1921.10(a) defines "counsel" to include a member in good standing of the bar of the highest court of any State or Territory of the United States, so counsel admitted to the highest court of a U.S. Territory qualifies (1921.10(a)).

• That means attorneys admitted in U.S. Territories’ highest courts are included in the definition of counsel for appearances.

Reference: 1921.10(a).

Section 1921.10(b) applies when a party fails to appear; if a party withdraws during the hearing, the hearing officer will apply appropriate procedures, but 1921.10(b) specifically addresses the situation where a party does not appear at all and gives the present party the election to present evidence (1921.10(b)).

• If a party withdraws mid-hearing, consult the hearing officer about how to proceed; the examiner may treat it similarly to non-appearance but may also allow additional procedural steps.

Reference: 1921.10(b).