Current through September 17, 2024
003.01 When allowed
Intervention in a 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 or designee at least five days
before the hearing. Copies must be mailed by the petitioner for intervention to
all parties named in the hearing officers 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 may be substantially affected by the
proceeding or that the petitioner qualifies as an intervener under any
provision of law; and
003.01C The
hearing officer or designee 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 Determination
The hearing officer or designee 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
Conditions
If a petitioner qualifies for intervention, the hearing
officer or designee may impose conditions upon the intervener'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 intervener's
participation to designated issues in which the intervener has a particular
interest demonstrated by the petition;
003.03B Limiting the intervener'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 interveners to
combine their presentation of evidence and argument, cross-examination,
discovery, and other participation in the proceedings.
003.04 Time for Determination
The hearing officer or designee, 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 or
designee may modify the order at any time, stating the reasons for the
modification.
003.04B The hearing
officer or designee shall promptly give notice of an order granting, denying,
or modifying intervention to the petitioner for intervention and to all
parties.
