Current through September 17, 2024
004.01 Intervention in a contested case shall
be allowed when the following requirements are met:
004.01A A petition for intervention must be
submitted in writing to the hearing officer or designee at least five days
prior to the hearing. Copies must be mailed by the petitioner for intervention
to all parties named in the hearing officer's notice of hearing;
004.01B The petition must state 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
004.01C The
hearing officer or designee must determine that the interest of justice and the
orderly and prompt conduct of the proceedings will not be impaired by allowing
the intervention.
004.02
The hearing officer or designee may grant a petition for intervention at any
time upon determining that the intervention sought is in the interest of
justice and will not impair the orderly and prompt conduct of the
proceedings.
004.03 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 intervention is granted or at any subsequent time. Those conditions
may include:
004.03A Limiting the
intervenor's participation to designated issues in which the intervenor has a
particular interest demonstrated by the petition;
004.03B 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
004.03C Requiring two or more intervenors to
combine their presentation of evidence and argument, cross-examination,
discovery, and other participation in the proceedings.
004.04 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.
004.04A The hearing officer or designee may
modify the order at any time, stating the reasons for the
modification.
004.04B The hearing
officer or designee shall promptly give notice of an order granting, denying,
or modifying intervention and to all parties.
