Ala. Admin. Code r. 80-1-22-.43

Current through Register Vol. 43, No. 1, October 31, 2024

Section 80-1-22-.43 - Intervention

(1) Upon timely application therefor filed with the General Counsel, any affected person shall be permitted to intervene in any hearing to contest an administrative action of the Department when a statute confers an unconditional right to intervene, or when the applicant has an individual interest in the outcome of the hearing as distinguished from a public interest and the representation of the interest of the applicant by persons already made parties is inadequate.

(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 any statute which confers an unconditional right to intervene or a statement of the individual interest of the applicant in the outcome of the hearing and a statement of why the representation of the interest of the applicant by persons already parties in the hearing is adequate; 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 General Counsel shall mail a copy of such application to each of the parties.

Author: Reginald L. Sorrells

Ala. Admin. Code r. 80-1-22-.43

New Rule: Filed November 15, 2000; effective December 20, 2000.

Statutory Authority:Code of Ala. 1975, §§ 20-1-2, 41-22-12, 41-22-14.