Sec.31-237g-105. Procedural rights of persons with respect to declaratory rulings

(a) Petitioner as Party. The petitioner is automatically a party to any proceeding on the petition by virtue of having filed the petition and need not seek designation as a party from the Board.

(b) Administrator as Party. The Administrator is automatically a party to any declaratory ruling proceeding before the Board and need not seek designation as a party from the Board.

(c) Additional Parties. Any person, whether or not in receipt of notice of the petition, may file a motion to become a party within forty-five (45) days from the date of filing of the petition. If the motion to become a party sets forth facts demonstrating that the person's legal rights, duties or privileges will be specifically affected by the declaratory ruling to be issued, the Board may grant the motion and designate the person as a party. The Board will issue a ruling on such motion to the person filing the motion, the parties, and any intervenors. A copy of the notice provided in section 31-237g-104 (a) of these regulations will be included with any ruling granting a person the status of a party. Pursuant to section 31-237g-104 (b) of these regulations, persons granted the status of a party are entitled to request a hearing and to submit written argument.

(d) Intervenors. Any person, whether or not in receipt of notice of the petition, may file a motion to become an intervenor within forty-five (45) days from the date of filing of the petition. If the motion sets forth facts demonstrating that the proposed intervenor's participation is in the interest of justice and will not disrupt the orderly conduct of the proceedings, the agency may grant the motion and designate the person as an intervenor. In addition, any person whose motion for designation as a party is denied may be granted intervenor status if the granting of such status is in the interest of justice and will not disrupt the orderly conduct of the proceedings. The Board will issue a ruling on such motion to the person filing the motion, the parties, and any intervenors. A copy of the notice provided in section 31-237g-104 (a) of these regulations will be included with any ruling granting a person the status of intervenor. Pursuant to section 31-237g-104 (b) of these regulations, persons designated as intervenors are entitled to submit written argument or request a hearing. The Chairman may restrict the rights of an intervenor in the proceeding so as to promote the orderly conduct of the proceeding.

(Effective March 30, 1990)