Administrative Representation

There's a significant and growing area where non-lawyers – can step in to advocate on your behalf: Administrative Law.

We are highlighting where and why legal professionals like us can represent individuals in administrative courts and hearings.

Administrative Law deals with the procedures, powers, and decisions of governmental agencies. These agencies are created to implement specific laws (like disability or labor rules), and they often have their own "courts" or hearing bodies to resolve disputes related to their regulations.

Administrative hearings are generally less formal than traditional court proceedings, and the rules of evidence and procedure are often relaxed. This is a key reason why non-attorney representation is more permissible here.

The federal government often permits non-attorneys to represent clients in administrative proceedings based on the Federal Administrative Procedure Act (APA), which allows any person to represent another if the agency's rules permit it. This is where paralegals and non-attorney advocates frequently step in.

Can a Paralegal/Non-Attorney Represent You? YES (if qualified and registered).

Here is a list of major federal agencies where non-attorney representation is commonly allowed:

Agency/Area

Type of Proceeding

• Social Security Administration (SSA) Disability (SSDI/SSI) and benefits appeals.

The most common area; non-attorney representatives must register and comply with strict fee rules.

• Immigration Services Hearings before the Executive Office for Immigration Review (EOIR), like Immigration Court.

Non-attorneys are permitted if they are accredited representatives working for recognized organizations (such as non-profits or legal aid groups).

• Department of Veterans Affairs (VA) Benefits claims and appeals.

VA-accredited claims agents and representatives (who may be paralegals or advocates) can represent veterans.

• Department of Labor Wage disputes, OSHA (Occupational Safety and Health Administration) complaints, and certain appeals.

Non-attorney representation is often permitted in investigative or administrative complaint processes.

• Internal Revenue Service (IRS) Administrative audits, collection appeals, and tax court proceedings (with specific qualifications).

Enrolled Agents (who are not attorneys) are explicitly authorized to represent taxpayers, and often paralegals assist in these matters.

• Environmental Protection Agency (EPA) Administrative hearings regarding enforcement actions or permitting issues.

Specific EPA regulations often allow for non-attorney representatives or technical experts to appear.

When dealing with state-level agencies, the ability of a paralegal or advocate to represent a client is highly dependent on two factors: the state's Unauthorized Practice of Law (UPL) rules, and the specific agency's governing regulations.

In nearly every state, the rules of the specific state administrative agency dictate who can represent a party. Common areas where non-attorneys (including paralegals, advocates, or non-lawyer employees) may be permitted:

• Departments of Labor (State Level): Hearings concerning Unemployment Insurance Appeals or Worker's Compensation Claims.
• Housing Authorities: Proceedings related to landlord-tenant disputes, Section 8 housing termination, or fair housing violations.
• Professional Licensing Boards: Hearings regarding the suspension or revocation of professional licenses.
• Public Benefits Agencies: Appeals related to Medicaid, SNAP (food stamps), or Temporary Assistance for Needy Families (TANF).
• Departments of Motor Vehicles (DMV): Certain driver's license suspension hearings.

Important Note for Maryland (and most states): A traditional paralegal generally cannot represent you in these state matters unless they are an employee of the party they represent (e.g., an HR paralegal representing a company) or if the agency rules specifically allow non-attorney advocates. Otherwise, they must be supervised by a licensed attorney.

To bridge the "access to justice" gap, several states have created formal licensing programs for non-attorneys to provide limited legal services, including independent representation, in specific areas of law.

State

Licensed Role(s)

Areas of Authorized Representation (Administrative & Limited Court)

• Arizona Legal Paraprofessional (LP) Family law, limited civil, criminal law, and administrative law.
• Utah Licensed Paralegal Practitioner (LPP) Family law, housing (landlord-tenant), and debt collection.
• Oregon Licensed Paralegal Family law and landlord-tenant law.
• Minnesota Legal Paraprofessional (Pilot Project) Specific housing and family matters.

In Conclusion:.Paralegals or their licensed equivalents can represent clients in administrative law, increasing access to affordable legal aid, despite being generally barred from traditional court representation.