What determines whether a nonlawyer is allowed to represent someone else before an administrative agency?

Question

What will be an ideal response?

Answer 1

First, the federal administrative procedures act, 5 U.S.C. §555(b), authorizes federal agencies
to allow nonlawyer representation. Many federal agencies have rules in place that allow
nonlawyer representation. However, the agencies usually institute certain prerequisites,
including educational or certification prerequisites, that must be met before a nonlawyer may
represent someone. For instance, the Immigration and Naturalization Service allows three
groups of nonlawyers to represent others: law students (under certain circumstances);
accredited representatives (who meet INS accreditation requirements); and “reputable
individuals” (who can be anyone appearing at the request of the immigrant and who are not
compensated for their appearance). At the state level, similar statutes and administrative rules
are in place that allow for nonlawyer representation. However, appellate courts might find
specific, or all, types of nonlawyer representation to be UPL, as was the case in Turner v.
Kentucky Bar Association, when the Kentucky Supreme Court ruled against all nonlawyer
representation in state administrative agencies. A general principle that can be applied to the
question of nonlawyer representation in administrative agencies is whether the representation
would require the type of training and skill that the nonlawyer representative did not possess
or could not obtain, and whether appellate safeguards are in place to allow review of the
decisions rendered in the agency hearings where a nonlawyer is allowed to practice.