Current through 2024-38, September 18, 2024
1. Forms
The Commissioner shall on request supply application forms
for intervenor status and require the submission of the following
information:
A. The identity of
intervenor applicant;
B. A
description of the manner in which the intervenor applicant may be
substantially and directly affected by the granting of a proposed lease. This
description shall include information describing the intervenor applicant's
existing use of the proposed lease area.
C. A description of intervenor applicant's
objections, if any, to the proposed aquaculture lease.
2. Filing of Applications
Any application for intervenor status must be filed in
writing and received by the Department at least 15 days prior to the hearing.
The Commissioner may waive the 15-day deadline for good cause
shown.
3. Participation
Limited or Denied
At least 5 days prior to the hearing, the Commissioner shall
decide whether to allow or refuse intervenor applications. The Commissioner
shall provide written or oral notice of his decision to the intervenor
applicant and all other parties to the proceeding.
A. Limited Participation. The Commissioner
may grant limited intervenor status to an intervenor applicant where the
Commissioner determines that the applicant has a lesser interest than that
necessary for full intervenor status but whose participation as a limited
intervenor is warranted or would be helpful to the Commissioner in his decision
making. The Commissioner may also grant limited intervenor status when the
applicant has an interest in the proceeding and where the Commissioner
determines that the applicant's interest or evidence to be offered would be
repetitive or cumulative when viewed in the context of the interest represented
or evidence to be offered by other intervenors. The Commissioner shall describe
the manner in which a limited intervenor is permitted to participate in the
adjudicatory process in his written notification of the granting of such
status.
B. Consolidation. The
Commissioner may require the consolidation of two or more intervenors'
testimony, evidence and questioning if he determines that it is necessary to
avoid repetitive or cumulative evidence or questioning.
C. Correspondence of Parties. Once admitted
as an intervenor, whether full or limited, the intervenor applicant shall be
considered a party to the proceeding. Each party shall provide copies of all
correspondence with the Department to all other parties and will be notified of
all communications between the Department and other parties to the aquaculture
lease proceedings.
