Current through March 20, 2024
003.01 Intervention
in a special education contested case shall be allowed when the following
requirements are met:
003.01A. A petition for
intervention must be submitted in writing to the hearing officer at least five
(5) days before the hearing. Copies must be mailed by the petitioner for
intervention to all parties named in the hearing officer's notice of the
hearing;
003.01B. The petition must
state facts demonstrating that the petitioner's legal rights, duties,
privileges, immunities, or other legal interests arising under the Nebraska
Special Education Act or the Individuals With Disabilities Education Act may be
substantially affected by the proceeding or that the petitioner qualifies as an
intervenor under any provision of law; and
003.01C. The hearing officer must determine
that the interests of justice and the orderly and prompt conduct of the
proceedings will not be impaired by allowing the intervention.
003.02 The hearing officer may
grant a petition for intervention at any time upon determining that the
intervention sought is in the interests of justice and will not impair the
orderly and prompt conduct of the proceedings.
003.03 If a petitioner qualifies for
intervention, the hearing officer may impose conditions upon the intervenor's
participation in the proceedings, either at the time that intervention is
granted or at any subsequent time. Those conditions may include:
003.03A. Limiting the intervenor's
participation to designated issues in which the intervenor has a particular
interest demonstrated by the petition;
003.03B. Limiting the intervenor's use of
discovery, cross-examination, and other procedures so as to promote the orderly
and prompt conduct of the proceedings; and,
003.03C. Requiring two or more intervenors to
combine their presentation of evidence and argument, cross-examination,
discovery, and other participation in the proceedings.
003.04 The hearing officer, at least 24 hours
before the hearing, shall issue an order granting or denying each pending
petition for intervention, specifying any conditions and briefly stating the
reasons for the order.
003.04A. The hearing
officer may modify the order at any time, stating the reasons for the
modification.
003.04B. The hearing
officer shall promptly give notice of an order granting, denying, or modifying
intervention to the petitioner for intervention and to all parties.
