Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Required
determinations.
Within 45 days of receiving a request under part
7831.0300, the commission shall
issue a preliminary determination addressing whether the applicant is eligible
for an award of compensation of intervenor costs. The determination must
address:
A. whether the commission
considers the applicant to be an intervenor as defined in part
7831.0100, subpart 9;
and
B. whether the applicant has
made a sufficient showing that, but for an award of compensation for all or
part of its intervenor costs, it has insufficient financial resources to
intervene and participate fully and effectively in the proceeding, assuming all
information in the request filing is true and accurate pending an audit that
may be required under part
7831.0700, and pending a decision
awarding or denying compensation under part
7831.0800.
Subp. 2.
Discretionary
determinations.
The determination on eligibility may also, but is not required
to:
A. address whether the applicant
has demonstrated its ability to materially assist the commission in its
proposed statement of participation, assuming its accuracy, under part
7831.0300, subpart 5;
B. address whether the application lists
duplicate positions taken or presentations made by intervenors, or whether they
may be more economically or efficiently presented under common
representation;
C. recommend use of
common legal representation or expert witnesses in cooperation with other
applicants or participants;
D.
provide a listing of other known applicants and participants advocating or
proposing substantially similar positions or presentations;
E. point out any unrealistic expectations for
compensation; or
F. address any
other information that may affect an applicant's claim for an award of
compensation for intervenor costs.
Subp. 3.
Effect of preliminary
determination on eligibility.
A preliminary determination on eligibility does not guarantee
either a grant or a denial of an award of compensation for intervenor costs. If
a preliminary determination is not made on a discretionary factor in subpart
2, items A to F, no
presumption arises regarding that factor.
A. After a preliminary determination granting
compensation for intervenor costs, the commission must overcome in an
applicant's claim for compensation a presumption, for the reasons stated in the
preliminary determination, that the applicant should be granted an award of
compensation for intervenor costs.
B. After a preliminary determination denying
compensation, an applicant may elect to intervene and may intervene if granted
permission by the commission or presiding officer. If, however, the applicant
does intervene, the applicant must overcome in the claim for compensation a
presumption, for the reasons stated in the preliminary determination, that the
applicant should be denied an award of compensation for intervenor
costs.
Statutory Authority: MS s
237.075; Laws
2007 c 57 art
3
s
40
