Entry and withdrawal of appearance

Yes. Under 2200.23(a)(1), a representative enters an appearance by signing the first document filed on behalf of the party or intervenor or by later filing a separate entry of appearance in accordance with the rules in paragraph (a)(3).

• If the representative signs the first filed document, that signature establishes the representative’s appearance (see 2200.23(a)(2)).
• If the representative did not sign an earlier filing, they must file a signed entry of appearance later as required in 2200.23(a)(3).

(See also the general 2200 provisions.)

No. Under 2200.23(a)(2), a separate entry of appearance is not required if the first document filed on behalf of the party is signed by the representative, provided that the document contains the information required by 2200.6.

• Make sure the first document includes the contact and identification details specified in 2200.6 so the signature will serve as the representative’s official appearance.

File it promptly. Under 2200.23(a)(3), a representative who has not previously appeared must file a signed entry of appearance with the Executive Secretary, or with the Judge if the case has already been assigned to a Judge. The entry must contain the information required by 2200.6.

• The filing must be signed by the representative and include the required identification and contact information so the appearance is effective.

You must file a formal motion that follows the rules and show prior notice and client contact info. Under 2200.23(b), any counsel or party seeking to withdraw a counsel’s appearance must file a motion conforming with 2200.40 that:

• Shows that prior notice of the motion was given by the counsel/representative or party to the client or to opposing counsel/representative as applicable; and
• Provides current contact information for the client, including street address, email address, and phone number.

The motion must meet the procedural requirements in 2200.40.

Provide complete current contact details. Under 2200.23(b), a motion to withdraw must include the client’s current street address, email address, and phone number.

• Including all three helps the Commission or Judge ensure the client can be reached after counsel withdraws.

Yes. Under 2200.23(b), the motion to withdraw must show that prior notice of the motion has been given by the counsel or representative (or by the party, if the party is seeking withdrawal of counsel) to the client or to the counsel/representative, as appropriate.

• The motion should explicitly state when and how that prior notice was provided so the Commission or Judge can verify compliance.

Yes. The Commission or Judge may deny a motion to withdraw to prevent undue delay or prejudice. Under 2200.23(b), the decision to allow withdrawal is discretionary, and a motion may be denied where granting it would cause undue delay or prejudice to another party’s rights.

• Expect the Judge or Commission to consider case schedule, pending deadlines, and whether the client will be left without contact information before deciding.

No. A party who wants to withdraw the appearance of their counsel must file a motion. 2200.23(b) requires that either counsel desiring to withdraw or parties desiring to withdraw their counsel’s appearance must file a motion conforming with 2200.40.

• The motion must also show prior notice to the client or counsel and must include the client’s current contact information.

The same way as other parties. Under 2200.23(a), a representative of an intervenor must enter an appearance either by signing the first document filed on behalf of the intervenor or by later filing a signed entry of appearance in accordance with 2200.23(a)(3).

• The filing or first document must include the information required by 2200.6 to be effective.

It must be signed by the representative and include the information required by [2200.6]. Under 2200.23(a)(3), the entry of appearance shall be signed by the representative and contain the information required by 2200.6.

• If the signature or required information is missing, the filing may not be accepted as a proper entry of appearance.

Not automatically. Under 2200.23(a)(2), a representative who signs the first filed document is recognized only if that document contains the information required by 2200.6.

• If the required information is missing, the signature may not be sufficient to establish the representative’s official appearance; the representative should promptly file a compliant entry of appearance or amend the document to include the required information.

It means the motion must follow the procedural requirements in [2200.40]. Under 2200.23(b), motions to withdraw must be filed in the form and manner required by 2200.40.

• Consult 2200.40 for specific procedural requirements (timing, service, and content) that the withdrawing counsel’s motion must meet.

Provide full contact information and consider timing to avoid prejudice. Under 2200.23(b), the motion to withdraw must include the client’s current street address, email, and phone number; failing to provide contact information or withdrawing at a time that causes undue delay or prejudice may lead the Judge or Commission to deny the motion.

• To reduce the chance of denial, give prior notice to the client, include complete contact details, and avoid filing to withdraw right before critical deadlines.

OSHA posts major settlement agreements but most settlements are not placed on the public web site; however, settlement agreements remain subject to FOIA. According to OSHA’s interpretation letter, major settlement agreements the Agency has entered into are public and posted on the OSHA web site, while the vast majority of settlement agreements are not put on the web site but remain subject to disclosure under the Freedom of Information Act; additionally, the rules at 29 CFR 2200.100(c) require settlement agreements to be posted like citations and notices of contest. See OSHA’s letter on web site citation postings at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0 for details.

• If confidentiality is requested, agencies consider FOIA and the Commission’s posting rules in deciding whether material appears on the public site.