Ala. Admin. Code r. 364-X-16-.11 - Petition For Intervention

(1) The right to intervene in a contested case is governed by Code of Ala. 1975, Section 41-22-14. Any application for intervention shall be in writing and shall include the following:

(a) the name and address of the petitioner;

(b) the business and occupation of the petitioner, if relevant;

(c) a full identification of the contested case in which the petitioner is seeking intervention;

(d) if intervention based on statutory right is claimed, an identification of the statute and explanation of how the statute grants a right of intervention to the petitioner;

(e) if the intervention is claimed based on an individual interest in the outcome of the case as opposed to a public interest, an explanation of that individual interest and of how the representation of that individual interest is inadequate without intervention;

(f) the claim or defense with respect to which intervention is sought; and

(g) a summary of the arguments or evidence that the petitioner intends to present.

(2) Upon receipt of the petition the Board shall mail copies of the petition to the parties in the case, with the cost chargeable to the petitioner. The parties will be given the opportunity to comment in writing upon the merits of the petition prior to any decision as to whether intervention shall be allowed.

(3) If the Board determines that the petitioner is entitled to intervention, notice of this decision, in writing, shall be issued promptly to all parties and to the petitioner. If the Board determines that the petitioner is not entitled to intervention but that intervention is nonetheless appropriate for proper resolution of the issues, the Board may vote to permit intervention, either as to the case as a whole or as to certain matters, and notification to the parties and the petitioner shall include a statement of any limitations to be imposed upon the intervenor, such as of time, subject matter, or evidence.

(4) If the Board decides to deny intervention, the petitioner shall be promptly notified, in writing of this decision and the reasons for the decision.

Author: Thornton Neathery

Notes

Ala. Admin. Code r. 364-X-16-.11

New Rule: Filed May 10, 1996; effective June 14, 1996. Repealed and New Rule: Filed March 5, 2002; effective April 9,2002.

Statutory Authority: Code of Ala. 1975, § 34-41-20.