Ala. Admin. Code r. 335-2-1-.08

Current through Register Vol. 42, No. 12, September 30, 2024

Section 335-2-1-.08 - Intervention

(1) A motion for leave to intervene in any hearing to contest an administrative action of the Department shall set forth the grounds for the proposed intervention, the position and interest of the movant and the likely impact that intervention will have on the expeditious progress of the proceeding. Any person already a party to the proceeding may file an opposition to the motion to intervene, making specific reference to the factors set forth in the foregoing sentence and paragraph (6) of this section, within 10 days after service of the motion for leave to intervene.

(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 inadequate; and

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

(3) An application to intervene shall contain an original signature of the person making the request or the applicant's attorney.

(4) A motion for leave to intervene in a proceeding must ordinarily be filed before the first prehearing conference or, in the absence of a prehearing conference, before the setting of a date and time for the hearing. Any motion filed after that time shall include, in addition to the information set forth in paragraphs (1) and (2) of this section, a statement of good cause for the failure to file in a timely manner. Except for good cause shown, the Intervenor shall be bound by any agreements, arrangements, schedules and other matters previously made in this proceeding.

(5) Within five days after the filing of an application to intervene in any hearing to contest an administrative action of the Department, the petitioning Intervenor shall serve a copy of such application upon each of the parties.

(6) Leave to intervene may be granted only if the movant demonstrants that (a) the movant's presence in the proceeding would not prejudice the timely adjudication of the rights of the original parties; (b) the movant may be aggrieved by a final order; and (c) the interests of the movant are not being adequately represented by the original parties. In the case of an appeal of a permit by a third party, the Permittee's intervention shall be as of right. The Intervenor shall become a full party to the proceeding upon the granting of leave to intervene.

Authors: David A. Ludder, Olivia H. Jenkins

Ala. Admin. Code r. 335-2-1-.08

Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.

Statutory Authority:Code of Ala. 1975, §§ 22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.