Current through September 17, 2024
015.01
Petitions for
Intervention.
Petitions for Intervention must comply with the following
requirements:
015.01A
Form. The petition must:
015.01A1 be in a legible form showing the
caption, Before the Director of the Department of Motor Vehicles, and entitled
as Petition for Intervention;
015.01A2 specify intervenor's legal rights,
duties, privileges, immunities, or other legal interests justifying their
participation in any proceeding in which intervention is sought;
015.01A3 state the names of the interested
parties likely to be affected by the intervenor's petition;
015.01A4 state sufficient facts upon which
the Director or hearing officer can rely to render a well-reasoned decision;
and
015.01A5 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 attorney's name, bar number, address
and telephone number.
015.01B
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 (5) days before a hearing.
015.01C
Consideration of a
Petition. Petitions for Intervention will ordinarily be considered
solely on the face of the petition and without hearing.
015.02
Mandatory Vs.
Discretionary Intervention.
There shall be mandatory and discretionary intervention as set forth
below:
015.02A
Mandatory
Intervention. The Director shall grant a Petition for Intervention
if all of the following occurs:
015.02A1 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;
015.02A2 The petition
states 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 the
provision of law; and
015.02A3 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.
015.02B
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.
015.03
Conditions and Privileges
of Intervention.
015.03A
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.
015.03B
Privileges. Unless the order granting a Petition for
Intervention limits an intervenor's participation with condition, intervenors
will be permitted to participate in any proceeding as if they were an original
party.
015.04
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.
015.05
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.
