(a) Claimants, employers and insurance carriers may be represented
in
any proceeding under the Act by an attorney or other person previously
authorized in writing by such claimant, employer or carrier to so act.
(b) The Secretary shall annually publish a list of individuals who
are disqualified from representing claimants under the Act. Individuals
on this list are not authorized to represent claimants under the Act
subject to the provision of section 31(b)(2)(C) of the Act, 33 U.S.C.
931(b)(2)(C), and they shall not have their representation fee approved
as provided in section 28(e), 33 U.S.C. 928(e).
(c) Individuals shall be included on the list mentioned in (b) if
the Secretary determines, after proceedings under Secs. 702.432(b)
through 702.434, that such individual:
(1) Has been convicted (without regard to pending appeal) of any
crime in connection with the representation of a claimant under this Act
or any workers' compensation statute;
(2) Has engaged in fraud in connection with the presentation of a
claim under this or any workers' compensation statute, including, but
not limited to, knowingly making false representations, concealing or
attempting to conceal material facts with respect to a claim, or
soliciting or otherwise procuring false testimony;
(3) Has been prohibited from representing claimants before any other
workers' compensation agency for reasons of professional misconduct
which are similar in nature to those which would be grounds for
disqualification under this section; or
(4) Has accepted fees for representing claimants under the Act which
were not approved, or which were in excess of the amount approved
pursuant to section 28 of the Act, 33 U.S.C. 928.
[38 FR 26861, Sept. 26, 1973, as amended at 50 FR 394, Jan. 3, 1985]
