(a) The term party whenever used in these rules shall include any
natural person, corporation, association, firm, partnership, trustee,
receiver, agency, public or private organization, or governmental
agency. A party who seeks relief or other affirmative action shall be
designated as plaintiff, complainant or claimant, as appropriate. A
party against whom relief or other affirmative action is sought in any
proceeding shall be designated as a defendant or respondent, as
appropriate. When a party to the proceeding, the Department of Labor
shall be either a party or party-in-interest.
(b) Other persons or organizations shall have the right to
participate as parties if the administrative law judge determines that
the final decision could directly and adversely affect them or the class
they represent, and if they may contribute materially to the disposition
of the proceedings and their interest is not adequately represented by
existing parties.
(c) A person or organization wishing to participate as a party under
this section shall submit a petition to the administrative law judge
within fifteen (15) days after the person or organization has knowledge
of or should have known about the proceeding. The petition shall be
filed with the administrative law judge and served on each person or
organization who has been made a party at the time of filing. Such
petition shall concisely state: (1) Petitioner's interest in the
proceeding, (2) how his or her participation as a party will contribute
materially to the disposition of the proceeding, (3) who will appear for
petitioner, (4) the issues on which petitioner wishes to participate,
and (5) whether petitioner intends to present witnesses.
(d) If objections to the petition are filed, the administrative law
judge shall then determine whether petitioners have the requisite
interest to be a party in the proceedings, as defined in paragraphs (a)
and (b) of this section, and shall permit or deny participation
accordingly. Where petitions to participate as parties are made by
individuals or groups with common interests, the administrative law
judge may request all such petitioners to designate a single
representative, or he or she may recognize one or more of such
petitioners. The administrative law judge shall give each such
petitioner written notice of the decision on his or her petition. If the
petition is denied, he or she shall briefly state the grounds for denial
and shall then treat the petition as a request for participation as
amicus curiae. The administrative law judge shall give written notice to
each party of each petition granted.
