Rules & Regulations of the State of Tennessee
Title 1340 - Safety and Homeland Security
Subtitle 1340-02 - Administrative Division
Chapter 1340-02-02 - Rules of Procedure for Asset Forfeiture Proceedings
Section 1340-02-02-.20 - INTERVENTION

Universal Citation: TN Comp Rules and Regs 1340-02-02-.20

Current through September 24, 2024

(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.

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-301(b), 4-5-310, 4-5-312, 40-33-201, et seq., as amended, and 53-11-201, et seq.

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