Ala. Admin. Code r. 820-1-2-.07

Current through Register Vol. 43, No. 02, November 27, 2024

Section 820-1-2-.07 - Parties

(1) The parties to proceedings before the Secretary or hearings examiner 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 Secretary's staff or persons appearing at the request of the Secretary are entitled to appear in any proceeding before the Secretary or hearings examiner without having been designated as one of the above-mentioned parties.

(2)

(a) In complaint cases, the party who complains to the Secretary of anything done or omitted to be done in violation of law, orders, or rules or regulations of the Secretary 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) In investigation proceedings instituted by the Secretary upon his own motion, the parties designated therein are styled respondents; and those on whose behalf the investigation proceedings are instituted are styled protestants.

(c) In applications for relief from any provisions of law, orders, rules or regulations of the Secretary, parties on whose behalf the application is made are styled applicants.

(d) Others seeking relief or the exercise of the Secretary'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 Secretary 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 four (4) copies retained by the Office of the Secretary of State and its staff. If affirmative relief is sought, petitions for intervention should be filed in time to permit lawful service upon the proper parties.

Author: Charles E. Grainger, Jr.

Ala. Admin. Code r. 820-1-2-.07

New Rule: Filed January 10, 2001; effective February 14, 2001.

Statutory Authority:Code of Ala. 1975, § 41-22-4.