Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 251 - NEBRASKA ADMINISTRATIVE CODE
Chapter 3 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES CONCERNING RETURNED CHECKS OR DRAFTS FROM MOTOR CARRIERS AND CARRIERS WHO HAVE BEEN PREVIOUSLY REVOKED FOR THE INTERNATIONAL REGISTRATION PLAN, INTERNATIONAL FUEL TAX AGREEMENT OR THE SINGLE STATE REGISTRATION PLAN PURSUANT TO NEB. REV. STAT. 60-305.17, 66-1406.01 AND 66-1406.02 AND THE ADMINISTRATIVE PROCEDURE ACT 84-913 TO 84-920
Section 251-3-003 - INTERVENTION IN A CONTESTED CASE

Universal Citation: 251 NE Admin Rules and Regs ch 3 § 003

Current through September 17, 2024

003.01 Intervention; When Allowed.

Intervention shall be allowed when the following requirements are met:

003.01A A petition for the intervention must be submitted in writing to the hearing officer or designee at least five (5) days before the hearing. Copies must be mailed by the appellant for intervention to all parties named in the hearing officer's notice of hearing;

003.01B The petition must state facts demonstrating that the appellant's legal rights, duties, privileges, immunities, or other legal interests may be substantially affected by the proceeding or that the appellant qualifies as an intervenor 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 Granting Intervention.

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 Intervention; Conditions.

If an appellant qualifies for intervention, the hearing officer or designee may impose conditions upon the intervenor's participation in the proceeding, either at the time that the intervention is granted or at any subsequent time. Those conditions may include:

003.03A Limiting the inventor'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 (2) or more intervenors to combine their presentation of evidence and argument, cross-examination, and other participation in the proceedings.

003.04 Intervention; Orders.

The hearing officer or designee, at least twenty-four (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 appellant for intervention and to all parties.

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