Section 1360-04-01-.12 - INTERVENTION(1) All petitions to intervene in a pending contested case shall be filed in accordance with T.C.A. § 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: (a) Whether the petitioner claims an interest relating to the case and that he or she is so situated that the disposition of the case may as a practical matter impair or impede his or her 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 adequately represented; or(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 T.C.A. § 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 administrative judge shall require that notice be given to 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 state's counsel, if any.Tenn. Comp. R. & Regs. 1360-04-01-.12
Original rule filed November 22, 1978; effective January 8, 1979. Amendment filed May 23, 1984; effective June 22, 1984. Repeal and new rule filed November 25, 1986; effective January 9, 1987. Amendment filed May 31, 1990; effective July 15, 1990. Amendments filed January 8, 2024; effective 4/7/2024.Authority: T.C.A. §§ 4-5-219, 4-5-301, 4-5-310, 4-5-312, and 4-5-321.