Ala. Admin. Code r. 420-1-3-.07

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-1-3-.07 - Intervention

(1) Upon timely application filed with the Office of General Counsel, an affected person shall be permitted to intervene in any hearing to contest an administrative action of the Board when a statute confers an unconditional right to intervene, or when the applicant has a direct, substantial and legally protectable interest in the outcome of the proceeding and the representation of the interest of the applicant by those already parties is inadequate to protect that interest. An application to intervene filed less than 10 days prior to a scheduled contested case hearing shall be deemed untimely filed and shall be denied.

(2) An application to intervene shall contain:

(a) the name, mailing address, and telephone number of the applicant;

(b) a short and plain statement identifying the administrative action of the Department being contested and, if possible, the name of the person who filed the request for a hearing to contest such action;

(c) a short and plain statement of the grounds for the application, including reference to the statute which confers an unconditional right to intervene or a statement of the direct, substantial and legally protectable interest of the applicant in the outcome of the proceeding, and a statement as to why that interest cannot be adequately represented by those already parties; and

(d) the name, mailing address, and telephone number of the applicant's attorney, if represented by an attorney.

(3) Within five days after the filing of an application to intervene in any hearing to contest an administrative action of the Department, the Office of General Counsel shall mail a copy of such application to each of the parties.

Ala. Admin. Code r. 420-1-3-.07

Filed July 20, 1990. Repealed and New Rule: Filed March 20, 2008; effective April 24, 2008.

Rule 420-1-3-.06 was renumbered .07 as per certification filed March 20, 2008.

Author: Brian Hale

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(6), 41-22-12, 41-22-14.