Showing posts with label Water Quality Congrol Board. Show all posts
Showing posts with label Water Quality Congrol Board. Show all posts

October 01, 2007

If the Water Quality Control Board deems an issue to be "complex" and "contested," a lawyer must prosecute the claim.

TENNESSEE ENVIRONMENTAL COUNCIL, INC. v. WATER QUALITY CONTROL BOARD, ET AL. (Tenn.Ct.App. September 28, 2007).

The sole issue on appeal is whether a non-attorney's attempt to participate in a contested case hearing before the Water Quality Control Board as the representative of a corporation is permitted pursuant to Tenn. Code Ann. Section 4-5-305(a), which expressly provides that a corporation may participate in the hearing by a duly authorized representative, or prohibited as constituting the unauthorized practice of law. Notwithstanding the fact that the statute provides that a duly authorized representative of a corporation may "participate" as the representative of the corporation in a hearing, we have determined that a non-attorney may not participate as the representative of a corporation if doing so requires the non-attorney to exercise the professional judgment of an attorney.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2007/tnenvcumberlandyacht_092807.pdf