Ala. Admin. Code r. 880-X-5A-.09

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

Section 880-X-5A-.09 - Intervention

(1) Any person, including a state, county, or municipal authority, may petition for leave to intervene at any stage of a proceeding under the Act.

(2) A petitioner for leave to intervene shall assert that he has a statutory right to intervene. The hearing officer may consider other relevant circumstances in determining whether intervention is appropriate. Such circumstances shall include:

(a) The nature of the issues;

(b) The adequacy of representation of petitioners' interest which is provided by the existing parties to the proceeding;

(c) The ability of the petitioner to present relevant evidence and argument; and

(d) The effect of intervention on the Regulatory Authority's implementation of its statutory mandate.

(3) The intervenor may petition either to be a full party or, if desired, in a capacity less than that of a full party and, in this circumstance, the terms of participation shall be in the discretion of the hearing officer.

Author:

Ala. Admin. Code r. 880-X-5A-.09

Statutory Authority:Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.