Section 880-X-5A-.05 - Parties (Alabama Administrative Code)

§ 880-X-5A-.05. Parties

All persons indicated in the Act as parties to administrative review proceedings under the Act shall be considered statutory parties. Such statutory parties include:

(a) In a civil penalty proceeding under Sections 25 and 26 of the Act, the Regulatory Authority and any person against whom a proposed assessment is made who files a petition.

(b) In a review proceeding pursuant to Section 20 of the Act, the Regulatory Authority; and

1. An applicant or permittee who files an application for review; and

2. If any other person having an interest which is or may be adversely affected files an application for review, the applicant or permittee and the person filing such application.

(c) In a proceeding to suspend or revoke a permit under Section 25 of the Act, the Regulatory Authority and the permittee who is ordered to show cause why the permit should not be suspended or revoked.

(d) In a Cessation Order proceeding under Section 25 of the Act, the Regulatory Authority and any person against whom the Cessation Order is issued and who files a petition.

(e) In a proceeding to release a bond under Section 21 of the Act, the Regulatory Authority; and

1. The permittee who files an application for review; and

2. If any other person having an interest which is or may be adversely affected files an application for review, the permittee and the person filing such application.

(f) In a review proceeding pursuant to Section 33 of the Act, the Regulatory Authority and the proposed lessee.

(g) Any other person claiming a right to participate as a party may seek leave to intervene in a proceeding by filing a petition pursuant to Rule 880-X-5A-.09 of these Rules and Regulations.

(h) In any other proceeding under the Act not herein specifically addressed, the Regulatory Authority and the applicant, permittee and any other person having an interest which is or may be adversely affected.

Author:

Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.

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