1. A petition for leave to intervene must be
in writing and set forth the following:
(a)
The title and docket number of the proceeding in which leave to intervene is
sought.
(b) The name and address of
the petitioner and, if represented, the name, address and telephone number of
his or her attorney or other authorized representative.
(c) A clear and concise statement of the
direct and substantial interest of the petitioner in each statutory element at
issue before the Authority in the proceeding in which the petitioner seeks to
participate, which must include, without limitation:
(1) A description of the manner in which the
petitioner may be unreasonably and adversely affected by the
proceeding;
(2) If applicable, a
description of the manner in which a matter relating to the proceeding may be
inconsistent with the provisions of NRS
NRS
706.151;
(3) A description of the manner in which the
petitioner will be prejudiced by the denial of his or her petition to
intervene; and
(4) If applicable,
citations to relevant statutory and regulatory provisions that the petitioner
believes are not being complied with or are being violated.
(d) If affirmative relief is
sought, a description of the desired relief and the basis for that
relief.
2. In a
proceeding that is related to an application for a certificate of public
convenience and necessity pursuant to NAC 706.1375, if a petitioner alleges
that the granting of the certificate to the applicant would:
(a) Tend to increase or create competition or
create some other effect that may be detrimental to the traveling and shipping
public or the motor carrier business within this State, in contravention of the
principle set forth in:
(1) Paragraph (e) of
subsection 1 of
NRS
706.151; and
(2) Paragraph (d) of subsection 2 of NRS
NRS
706.391; or
(b) Unreasonably and adversely affect other
carriers operating in the territory for which the certificate is sought, in
contravention of the principle set forth in paragraph (c) of subsection 2 of
NRS
NRS
706.391,
the petitioner shall be deemed to have a direct and
substantial interest in the proceeding if the petitioner demonstrates that he
or she is authorized to provide the same type of service within the same
territory as that which the applicant for the certificate proposes to
provide.
Added to NAC by
Transportation Serv. Auth. by R071-98, eff.
10-28-98
