1340-02-02-.20
Intervention
Cite as Tenn. Comp. R. & Regs. 1340-02-02-.20
(1)
All petitions for leave to intervene in a pending contested case shall be filed in accordance
with T.C.A. §4-5-310, with a legal memorandum attached that states any and all facts and
legal theories under which the petitioner asserts 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 asserts an interest relating to the case and whether the
petitioner is so situated that the disposition of the case may as a practical matter impair
or impede petitioner’s ability to protect that interest;
(b)
Whether the petitioner’s assertion of interest and the main case have a question of law
or fact in common;
(c)
Whether petitioner’s interests are adequately represented;
(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)
As prohibited by Rule 1340-02-02-.07(4), the provisions of this rule do not permit the inclusion
of an additional claimant or additional seized property to pending contested cases.