New York Law (NYLE) Practice Exam

Can a party appearing before an administrative agency be represented by someone who is not an attorney?

1. Yes, they must have an attorney

2. Yes, they may appear pro se

3. No, it is not allowed

4. Only if specifically permitted by the agency

The correct answer is: Yes, they may appear pro se

In administrative agency proceedings, individuals typically have the right to represent themselves, commonly referred to as appearing pro se. This means that a party may participate in the proceedings without the representation of an attorney. Many administrative agencies allow this flexibility to ensure that individuals, especially those who may wish to contest decisions or engage with the agency on matters related to their rights or interests, can do so without the barriers that can come from retaining legal counsel. While some agencies may have specific regulations surrounding representation, generally, the ability to represent oneself is a fundamental right. This approach is intended to make administrative procedures more accessible to the public, as many individuals may not have the resources or need for an attorney in matters that are often less formal than court proceedings. Other options may limit or complicate the ability of individuals to represent themselves, which is not the case in the context of most administrative agencies in New York. While some agencies might allow for attorney representation only or require permission for non-attorney representation, the core principle remains that individuals can usually represent themselves.