Rule 5.  Entry of Appearance and Withdrawal of Counsel.

A.        No attorney shall appear in any matter before the OAC until an appearance has been entered by filing an entry of appearance or signing a pleading.  An entry of appearance shall state the identity of the party for whom the appearance is made, the attorney's office address, and telephone number, facsimile number, e-mail address and the attorney's registration number.  Any out-of-state attorney shall comply with C.R.C.P. 221.1.

B.        An attorney may withdraw from a case only upon order of the administrative law judge.  Approval to withdraw shall not be granted until the attorney seeking to withdraw has made reasonable efforts to give actual notice to the client that:

1.         the attorney wishes to withdraw;

2.         the client has the burden of keeping the OAC informed of the address where notices, pleadings, or other papers may be served;

3.         the client has the obligation to prepare for hearing or to hire other counsel to prepare for hearing;

4.         if the client fails or refuses to meet these burdens, the client may suffer an adverse determination in the hearing;

5.         the holding of further proceedings will not be affected by the withdrawal of counsel.  The notice shall set forth the dates set for any further proceedings;

6.            pleadings and papers in the case may be served upon the client at the client¿s last known address; and

7.         the client has the right to object within 15 days of the date of notice.

The above notification must be in writing and filed with the administrative law judge along with a statement showing the manner in which such notification was given to the client and setting forth the client¿s last known address and telephone number.

C.        The client and opposing parties shall have 15 days from the date of the notice to object to a withdrawal.  After withdrawal the client shall be notified by the withdrawing attorney of the effective date of the withdrawal, and all pleadings, notices or other papers may be served on the party directly by mail at the last known address of the party until new counsel enters an appearance.

D.        Rules 5(B) and 5(C) do not apply to a substitution of counsel if new counsel enters an appearance at the same time as prior counsel withdraws.