0620-04-02-.12
Intervention
Cite as Tenn. Comp. R. & Regs. 0620-04-02-.12
(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
RULES OF PROCEDURE
CHAPTER 0620-4-2
(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.