Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE
Chapter 6 - DECLARATORY ORDERS
Section 454-6-006 - INTERVENTION IN DECLARATORY ORDER PROCEEDING

Universal Citation: 454 NE Admin Rules and Regs ch 6 ยง 006

Current through September 17, 2024

006.01. Intervention by any person or entity in a declaratory order proceeding shall be allowed when the following requirements are met:

006.01(A). A petition for intervention must be submitted in writing to the Department. Copies must be mailed to all parties to the proceeding;

006.01(B). The contents of the petition must be as specified in 006.02; and

006.01(C). The Director determines that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.

006.02. CONTENTS OF PETITION. The petition for intervention shall be submitted to the Department in writing, on 81/2 " x 11" white paper, and shall include each of the following:

006.02(A). The statute, regulation, rule, or order that may apply to or affect the person, property, entity, or facts at issue in the matter;

006.02(B). A statement of facts sufficient to show the intervenor's interest;

006.02(C). A statement of facts which demonstrates that the intervenor's legal rights, duties, privileges, immunities, or other legal interests may be substantially affected by the proceeding or that the intervenor may intervene pursuant to a provision of law;

006.02(D). All propositions of law or contentions asserted by the intervenor; and

006.02(E). A statement of the specific relief requested by the intervenor.

006.03. The Director may, at his/her discretion, invite any person or entity to file a petition for intervention.

006.04. The Director may grant a petition for intervention if the requirements of section 006.01 and section 006.02 are satisfied.

006.05. The Director shall deny a petition for intervention upon determining that the interests of justice or the orderly and prompt conduct of the proceedings would be impaired by allowing the intervention.

006.06. The Director's decision to grant or deny a petition for intervention shall be in writing and served upon all parties.

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