Section 0620-04-02-.12 - INTERVENTION(1) All petitions for leave to intervene in a pending contested case or declaratory action shall be filed in accordance with Tenn. Code Ann. § 4-5-310, and shall state any and all facts and legal theories under which the petitioner claims to be qualified as an intervenor.(2) In deciding whether to grant a petition to intervene, the following factors shall be considered by the Inspector General and the administrative judge: (a) Whether the petitioner claims an interest relating to the case and that s/he is so situated that the disposition of the case may as a practical matter impair or impede the petitioner's ability to protect that interest;(b) Whether the petitioner's claim and the main case have a question of law or fact in common;(c) Whether prospective intervenor interests are already adequately represented; and(d) Whether admittance of a new party will render the hearing unmanageable or interfere with the interests of justice and the orderly and prompt conduct of the proceedings.(3) In deciding a petition to intervene, the administrative judge may impose conditions upon the intervenor's participation in the proceedings as set forth at Tenn. Code Ann. § 4-5-310(c).(4) When the validity of a statute of this state or an administrative rule or regulation of this state is drawn in question in any case, the Inspector General or administrative judge shall require that notice be given the office of the Tennessee attorney general, specifying the pertinent statute, rule or regulation, and the attorney general's office will be permitted to intervene or to serve as co-counsel with the OIG's counsel.Tenn. Comp. R. & Regs. 0620-04-02-.12
Public Necessity rule filed April 9, 2007; expired September 21, 2007. Original rule filed August 8, 2007; effective December 28, 2007.Authority: T.C.A. §§ 4-5-202, 4-5-219, 71-5-2518, and 71-5-2604.