Professional conduct before Commission

Representatives must follow the Model Rules of Professional Conduct; specifically, 2200.104(a) requires that all representatives appearing before the Commission and its Judges comply with the letter and spirit of the American Bar Association's Model Rules of Professional Conduct.

• This means attorneys and other representatives should act ethically, honestly, and professionally in all proceedings.
• If you need the broader context for practice before the Commission, see the general 2200 provisions.

A Judge can exclude a person for disruptive, dilatory, unethical, or bad-faith conduct; 2200.104(b)(1) authorizes exclusion for disruptive behavior, refusal to follow orders or procedure, continuous use of delay tactics, failure to adhere to standards of orderly or ethical conduct, or lack of good faith.

• The Judge must state the cause in writing or place it on the record if exclusion happens during the hearing.
• If the excluded person is the party’s attorney or representative, the Judge must suspend the proceeding for a reasonable time to allow the party to obtain new counsel.

No; the Judge must suspend the proceeding for a reasonable time to allow the party to obtain new counsel when the excluded person is the party's attorney or representative, as required by 2200.104(b)(1).

• "Reasonable time" is fact-specific and depends on circumstances such as the complexity of the case and availability of replacement counsel.
• The suspension is intended to protect the party’s right to representation.

An excluded attorney or representative has 7 days to appeal for reinstatement; 2200.104(b)(2) states that the appeal to the Commission must be filed within 7 days of the exclusion.

• Important: filing the appeal does not delay or suspend the underlying proceeding pending disposition of the appeal.

No; filing an appeal does not delay or suspend the proceeding because 2200.104(b)(2) explicitly states that no proceeding shall be delayed or suspended pending the appeal.

• Parties should plan for the proceedings to continue even if their representative has been excluded and is pursuing reinstatement.

The Commission may impose disciplinary measures including suspension or disbarment; 2200.104(c) authorizes the Commission, after reasonable notice and opportunity to show cause, and after a hearing if requested, to take appropriate disciplinary action such as suspension or disbarment from practice before the Commission.

• Disciplinary action follows notice and an opportunity to respond, and a hearing if the respondent requests one.
• Lesser sanctions or corrective orders may also be applied depending on the misconduct.

The Commission must give reasonable notice and an opportunity to show cause, and provide a hearing if requested, before disciplining a representative; this is required by 2200.104(c).

• "Reasonable notice" means the Commission will inform the person of the charges and allow time to prepare a response.
• If the person asks for a hearing, the Commission must hold one before imposing discipline.

A show cause order must be served in the manner prescribed by 2200.7(o); 2200.104(d) directs that all show cause orders be served as set out in 2200.7(o).

• Service methods in 2200.7 include personal service, mail, or other authorized means as described in subsection (o).
• Check 2200.7(o) for exact procedural details and requirements.

Yes; a Judge may exclude any person, including a party, who engages in the prohibited conduct listed in 2200.104(b)(1).

• Prohibited conduct includes disruptive behavior, refusal to follow orders, continuous dilatory tactics, failure to act in good faith, and refusal to adhere to orderly or ethical standards.
• The Judge must state the cause for exclusion in writing or on the record.

When excluding someone during a hearing, the Judge must state the cause for exclusion in writing or place it on the record, as required by 2200.104(b)(1).

• This ensures there is a clear and reviewable basis for exclusion.
• Parties or representatives who are excluded may have the right to appeal as described in 2200.104(b)(2).

The rule applies to all representatives, including attorneys and non-lawyer representatives; 2200.104(a) states that all representatives appearing before the Commission and its Judges must comply with the ABA Model Rules of Professional Conduct.

• Non-lawyer representatives must also adhere to standards of ethical and orderly conduct in proceedings.
• Misbehavior by any representative can result in exclusion or disciplinary action under 2200.104(b)–(c).

Not necessarily; 2200.104(c) authorizes disciplinary action after notice and opportunity to show cause, but it does not require suspension of unrelated proceedings while disciplinary matters are resolved.

• If an attorney is excluded during a hearing, 2200.104(b)(1) requires a reasonable short suspension to obtain replacement counsel.
• Appeals of exclusions under 2200.104(b)(2) do not stay the proceeding.

Acting in the 'spirit' means conducting oneself honestly, competently, and ethically beyond just literal compliance with rules; 2200.104(a) requires adherence to both the letter and spirit of the ABA Model Rules of Professional Conduct.

• Practically, this includes civility, candor to the tribunal, confidentiality, avoiding frivolous filings, and not using procedures to unfairly delay or harass.
• Failure to meet these expectations can trigger exclusion or disciplinary action under 2200.104(b)–(c).

A representative must be given reasonable notice and an opportunity to show cause, and can request a hearing before the Commission takes disciplinary action, as set out in 2200.104(c).

• If served, follow the service method in 2200.7(o) and respond within the time specified in the order.
• You can ask for a hearing to contest the allegations and present evidence in your defense.

The Commission decides whether to hold a hearing, but it must provide a hearing if the representative requests one, according to 2200.104(c).

• If you receive a show cause order, timely request a hearing to preserve that right.
• The Commission will then proceed with the disciplinary process consistent with due process.

No; if a Judge has excluded the attorney from participation in the proceeding, the attorney cannot continue to represent the client in that proceeding while excluded, and any appeal for reinstatement under 2200.104(b)(2) does not stay the proceedings.

• The party must either proceed pro se, obtain substitute counsel, or seek another remedy consistent with the Commission’s rules.
• The Judge should provide a reasonable suspension to obtain replacement counsel when exclusion occurs mid-hearing as required by 2200.104(b)(1).

Yes; after reasonable notice, an opportunity to show cause, and a hearing if requested, the Commission may disbar an attorney from practice before the Commission, as authorized by 2200.104(c).

• Disbarment is a severe sanction and typically follows serious or repeated unethical conduct.
• The disciplinary procedures provide the attorney a chance to contest the charges before such a sanction is imposed.

Not all settlement agreements are posted; OSHA explained in its Letter of Interpretation that major settlement agreements are posted but the vast majority are not, though they remain subject to FOIA disclosure, as described in the OSHA interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0.

• The interpretation notes that settlement agreements are public information and that some are posted on the OSHA website while most are not.
• The interpretation also references that 2200.100(c) (as discussed in the letter) addresses posting in the same manner as citations and notices of contest.