SECTION 460:2-1-6. Parties

(a)   All persons indicated in the act as parties to administrative proceedings under the act shall be considered statutory parties. Such statutory parties include:

(1)   In a civil penalty proceeding under 460:2-7-1, as represented by its legal counsel, and any person against whom a proposed assessment is made who files a petition;

(2)   In a review proceeding under 460:2-9-1 et seq. or 460:2- 11-1 et seq., DOM, as represented by its legal counsel, and:

(A)   If a permittee files an application for review, the permittee; and

(B)   If any other person having an interest which is or may be adversely affect files an application for review, the permittee and the person filing such application;

(3)   In a proceeding to suspend or revoke a permit under 460:2-13-1 et seq. DOM, as represented by its legal counsel, and the permittee who is ordered to show cause why the permit should not by suspended or revoked.

(4)   [RESERVED]

(b)   Any other person claiming a right to participate as a party may seek leave to intervene in a proceeding by filing a petition to do so pursuant to 460:2-1-11.

(c)   If any person has a right to participate as a full party in a proceeding under the act and fails to exercise that right by participating in each stage of the proceeding, that person may become a participant with the rights of a party by order of the hearing examiner or the Director.