29 C.F.R. § 2200.104

Standards of conduct

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(a) General. All representatives appearing before the Commission and its Judges shall comply with the letter and spirit of the Model Rules of Professional Conduct of the American Bar Association.

(b) Misbehavior before a Judge—(1) Exclusion from a proceeding. A Judge may exclude from participation in a proceeding any person, including a party or its representative, who engages in disruptive behavior, refuses to comply with orders or rules of procedure, continuously uses dilatory tactics, refuses to adhere to standards of orderly or ethical conduct, or fails to act in good faith. The cause for the exclusion shall be stated in writing or may be stated in the record if the exclusion occurs during the course of the hearing. Where the person removed is a party's attorney or other representative, the Judge shall suspend the proceeding for a reasonable time for the purpose of enabling the party to obtain another attorney or other representative.

(2) Appeal rights if excluded. Any attorney or other representative excluded from a proceeding by a Judge may, within 7 days of the exclusion, appeal to the Commission for reinstatement. No proceeding shall be delayed or suspended pending disposition of the appeal.

(c) Disciplinary action by the Commission. If an attorney or other representative practicing before the Commission engages in unethical or unprofessional conduct or fails to comply with any rule or order of the Commission or its Judges, the Commission may, after reasonable notice and an opportunity to show cause to the contrary, and after hearing, if requested, take any appropriate disciplinary action, including suspension or disbarment from practice before the Commission.

(d) Show cause orders. All show cause orders issued by the Commission under paragraph (c) of this section shall be served in a manner prescribed in § 2200.7(o).

Notes of Decisions

Cited in 3 cases, 1978–1999 · leading case: In Re Stephen C. Perry, 859 F.2d 1043 (1st Cir. 1988).

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In Re Stephen C. Perry, 859 F.2d 1043 (1st Cir. 1988). “That is when he refers to rule 104(b), 29 C.F.R. § 2200.104 , which gives the AU the power to exclude from the proceedings any person who fails to act in good faith.”

Tri-State Steel Constr. Co. v. Herman, 164 F.3d 973 (6th Cir. 1999). “41 ; and (2) being excluded from a proceeding or suspended or disbarred from practice before the Commission, 29 C.F.R. § 2200.104 . Thus, we find petitioners may not resort to Rule 11 for an award of sanctions in proceedings before the Commission since the Commission Rules…”

S. Colorado Prestress Co. v. Occupational Saf. & Health Review Comm'n, 586 F.2d 1342 (10th Cir. 1978). “” 29 C.F.R. § 2200.104 . We agree with the Secretary’s position, however, that the rule is not a bar against such officers testifying in open hearings but instead is intended as a prohibition of ex parte communication by such officers with the judge or the Commission on a…”

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