Current through September 17, 2024
008.01 Intervention in an administrative
license revocation hearing shall be allowed when the following requirements are
met:
008.01A A petition for intervention must
be submitted in writing to the Hearing Officer at least five days before the
hearing. Copies must be mailed by the petitioner for intervention to all
parties named in the Hearing Officer's notice of hearing;
008.01B 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 intervenor under any
provision of law; and
008.01C 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.
008.02 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.
008.03 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:
008.03A Limiting the intervenor's
participation to designated issues in which the intervenor has a particular
interest demonstrated by the petition;
008.03B 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
008.03C Requiring two or more intervenors to
combine their presentation of evidence and argument, cross-examination,
discovery, and other participation in the proceedings.
008.04 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.
008.04A The Hearing
Officer may modify the order at any time, stating the reasons for the
modification.
008.04B The Hearing
officer shall promptly give notice of an order granting, denying, or modifying
intervention to the petitioner for intervention and to all parties.
