Section R12-1-1205. Intervention in Administrative Hearings; Direc- tor as a Party

A.      Any person may submit a timely motion to intervene in a pro- ceeding if an unconditional right to intervene is granted by law or the applicant claims an interest to any property or transac- tion affected by the proceeding.

B.       A motion to intervene shall be in writing and shall state the reason why the applicant should be allowed to intervene. If the applicant claims an interest in property or in a transaction affected by the proceeding, the applicant shall demonstrate that the result of the proceeding may as a practical matter impair or impede protection of that interest.

C.      The applicant shall serve the motion upon the administrative law judge or the Board, as appropriate, and the Director as a party at least five working days before the hearing. An appli- cation for leave to intervene shall not be granted, if by doing so, the issues will be unduly broadened.

D.      If two or more persons have substantially similar positions, the administrative law judge may declare them a class of inter- ested persons for purposes of the hearing. The members of a class shall designate one person to be spokesperson for the class. More than one class may be established for a hearing.

E.       The Director is party to all administrative hearings.

Historical Note

Adopted effective June 23, 1983 (Supp. 83-3). Section repealed, new Section adopted effective January 2, 1996 (Supp. 96-1). Amended by final rulemaking at 9 A.A.R.

4302, effective November 14, 2003 (Supp. 03-3).