Ala. Admin. Code r. 770-X-4-.08

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

Section 770-X-4-.08 - Parties

(1) The parties to proceedings before the Commission will be known as complainants, defendants, intervenors, protestants, respondents, applicants, and petitioners according to the nature of the proceeding and the relationship thereto. Any individual may appear for himself and any member of a partnership which is a party to any proceeding may appear for the partnership. A bona fide officer or a full-time employee of a corporation, association, or an individual may appear for such corporation, association, or individual. A party can be heard in person or by its attorney of record. Representatives of the Commission's staff or persons appearing at the request of the Commission are entitled to appear in any proceeding before the Commission without having been designated as one of the above-mentioned parties.

(2)

(a) In complaint cases, the party who complains to the Commission of anything done or omitted to be done in violation of law, orders, or rules or regulations of the Commission is styled the complainant. The party against whom the complaint is made is styled the defendant. Two or more complainants may join in one complaint if the respective causes of action are against the same defendant or defendants and involve substantially the same alleged violation and a like state of facts.

(b) If complaint is made in respect of through transportation by continuous carriage or shipment, all transportation companies, to which the law applies, participating therein shall be made defendants.

(c) If complaint is made of classification ratings or provisions, rates, fares, charges, regulations, practices, or services of more than one transportation company, motor carrier or utility, all transportation companies, motor carriers or utilities against which an order is sought shall be made defendants.

(d) The receiver or trustee in charge of the affairs or business of a transportation company or utility shall be made a defendant in any complaint made against it.

(e) In investigation proceedings instituted by the Commission upon its own motion, the parties designated therein are styled respondents; and those on whose behalf the investigation proceedings are instituted are styled protestants.

(f) In applications for relief from any provisions of law, orders, rules or regulations of the Commission, or for operating authority, parties on whose behalf the application is made including the transferor and the transferee in a transfer application are styled applicants.

(g) Others seeking relief or the exercise of the Commission's authority are styled petitioners.

(3) Petitioners permitted to intervene, as hereinafter provided, are styled intervenors. Anyone entitled under the law to complain to the Commission may petition for leave to intervene in any pending proceeding prior to or at the time it is called for hearing, but not after, except for good cause shown.¹ Petitions shall set forth the grounds of their proposed intervention; the position and interest of the petitioner in the proceeding; and if affirmative relief is sought, should conform to requirements for a formal complaint. Leave will not be granted except on allegations reasonably pertinent to the issues already present and which do not unduly broaden them. If leave is granted, the petitioner thereby becomes an intervenor and a party to the proceeding. Sufficient copies of the petition must be furnished for service on all parties to this proceeding and to allow ten (10) copies retained by the Commission and its staff. If affirmative relief is sought, petitions for intervention should be filed in time to permit lawful service upon the proper parties.

(4) Protestants to Motor Carrier Applications. Any person opposed to a motor carrier application seeking operating authority, or an amendment to existing operating authority, assigned for oral hearing may become a party-Protestant at the oral hearing provided he has notified the Applicant and the Commission of his intention to protest the application. Such notification shall be made by letter, telegram, or facsimile transmission and must reach the applicant's representative or attorney (or applicant if no representative or attorney is known to him) and the Secretary of the commission's office by 5 p.m., Central Time, at least seven (7) days prior to the date of the hearing. One dated copy of such notification simultaneously shall be mailed to the Commission for each application protestant party is opposed to. No person who fails to notify the applicant, or the applicant's attorney or representative, and the Commission of his intention to protest in the above-prescribed manner will be permitted to intervene in a proceeding except upon a showing of good cause. Such showing of good cause to intervene shall be made in a petition submitted at or before the hearing, and must demonstrate to the Commission or the presiding Commissioner or Administrative Law Judge that the moving party's interest would not be adequately and reasonably represented by the parties-protestants.

(5) Content of Protests. The notification in Section (D), above, shall include a statement of the protestant's interest in the application and, as a minimum, a brief statement of Protestant's authority that supports the protest.

¹ This rule does not apply to party protestants to applications for operating authority under the Alabama Motor Carrier Act, such parties are governed by Rule 8 (D) Infra.

Ala. Admin. Code r. 770-X-4-.08

Effective April 1980. Amended June 1993. Filed with LRS February 5, 2013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to Code of Ala. 1975, § 41-22-7.

Author: Alabama Public Service Commission

Statutory Authority:Code of Ala. 1975, §§ 37-1-38, 37-1-86, 37-1-87, 37-1-89, 37-3-9, 37-3-1037-3-11.