Current through September 17, 2024
008.01. Intervention in a proceeding shall be allowed when the following
requirements are met:
008.01(A). A petition for intervention is filed with
the Department at least five days before the hearing. Copies must be served by the Petitioner for
intervention to all parties named in the Hearing Officer's notice of the hearing and any other parties that
subsequently joined the proceeding;
008.01(B). The petition for
intervention 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 any provision of law; and
008.01(C). The
Hearing Officer or designee determines 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 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.
008.03. If a Petitioner qualifies for intervention, the Hearing Officer or
designee 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:
008.03(A). Limiting the Intervenor's participation to designated issues in
which the Intervenor has a particular interest demonstrated either by the petition or otherwise;
008.03(B). 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
008.03(C). Requiring two or more Intervenors to combine their presentation
of evidence and/or argument, cross-examination, discovery, and/or other participation in the
proceedings.
008.04. The Hearing Officer or designee,
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.
008.04(A). The Hearing Officer or designee may modify the order at any
time, stating the reasons for the modification.
008.04(B). The
Hearing Officer or designee shall promptly give notice of an order granting, denying, or modifying
intervention to the Petitioner for intervention and to all parties.
