A question that has perplexed many State administrative boards and agencies, and the persons called before them, is whether the California Administrative Procedure Act (Gov. Code, §§ 11340-11529) authorizes a party to a proceeding conducted by the Office of Administrative Hearings to be represented by a person who is not an active member of the California State Bar. Early this month the California Attorney General issued this opinion:

We conclude that the Administrative Procedure Act does not, in itself, authorize a party to be represented in an administrative hearing by a person who is not an active member of the California State Bar.

The opinion is also supported by this month’s decision by the Third DistrictCourt of Appeal in Davis Test Only Smog Testing v. Dept. of Consumer Affairs. Davis contended its due process rights were violated when it was represented by a non-lawyer at an administrative hearing.

While the Court recognized that representing a party in an administrative hearing constitutes the “practice of law,” it held in some instances in administrative proceedings, “a layperson may represent a party.”

Unless the law or the rules of the administrative agency clearly prohibit a layperson from representing a party at an administrative hearing, in California a party may be represented by whoever it chooses whether they are an attorney or layperson. But really folks, isn’t it like an auto mechanic doing a knee surgery?

Why?

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.