Current through March 20, 2024
018.01
Petitions for Intervention.
Petitions for intervention must comply with the following
requirements:
018.01A
Form. The petition must:
018.01A1 Be in a legible form showing the
caption, Before the Director of the Department of Motor Vehicles, and entitled
as, Petition for Intervention'.
018.01A2 Specify intervenors legal rights,
duties, privileges, immunities, or other legal interests justifying their
participation in any proceeding in which intervention is sought.
018.01A3 State the names of the interested
parties likely to be affected by the intervenors petition.
018.01A4 State sufficient facts upon which
the Director or hearing officer can rely to render a well-reasoned
decision.
018.01A5 Be subscribed by
the intervenor or by a duly authorized officer of the intervenor, if the
intervenor is a corporation, organization, other legal entity, or the attorney
for the intervenor. The petition must include the attorneys name, bar number,
address and telephone number.
018.01B
Filing
Petition. The petition must be filed with the Department,
with copies of the petition for intervention received by all parties named in
the notice of hearing, at least five days before a hearing.
018.01C
Consideration of a
Petition. Petitions for intervention will ordinarily be
considered solely on the face of the petition and without hearing.
018.02
Mandatory
Vs. Discretionary Intervention.
There shall be mandatory and discretionary intervention as
set forth below.
018.02A
Mandatory Intervention. The Director
shall grant a petition for intervention if all of the following occurs:
018.02A1 The petition is submitted in writing
to the Director, with copies mailed to all parties named in the notice of the
hearing, at least five (5) days before the hearing;
018.02A2 The petition states facts
demonstrating that the petitioners 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
018.02A3 The
Director or hearing officer determines that the interest of justice and the
orderly and prompt conduct of the proceedings will not be impaired by allowing
the intervention.
018.02B
Discretionary
Intervention. The Director or 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.
018.03
Conditions and
Privileges of Intervention.
018.03A
Conditions. When granting a petition for
intervention, the Director or hearing officer may impose conditions upon the
intervenor's participation in the proceedings, either at the time intervention
is allowed, or at any subsequent time. Conditions may include: Limiting the
intervenor's participation to designated issues in which the intervenor has a
particular interest demonstrated by the petition; 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 requiring two (2) or more
intervenors to combine their presentation of evidence and argument,
cross-examination, discovery, and other participation in a
proceeding.
018.03B
Privileges. Unless the order granting a
petition for intervention limits an intervenor's participation with conditions,
intervenors will be permitted to participate in any proceeding as if they were
an original party.
018.04
Orders.
The Director or hearing officer shall issue an order
granting or denying each pending petition for intervention at least twenty-four
(24) hours before a hearing. The order shall specify any conditions imposed on
the intervenor's participation, and shall state the reasons for the decision.
The Director or hearing officer may modify an order granting or denying a
petition for intervention at any time, and the order of modification shall
state the reasons for modification.
018.05
Appeal.
Appeals of any order granting, denying, or modifying a
petition for intervention or imposing limitations on an intervenor by condition
shall be made in accordance with the Administrative Procedure
Act.
