New Hampshire Code of Administrative Rules
Pes - Pesticide Control Board
Chapter Pes 200 - PROCEDURAL RULES
Part Pes 202 - PROCEDURES FOR APPEALS
Section Pes 202.10 - Intervention

Universal Citation: NH Admin Rules Pes 202.10

Current through Register No. 40, October 3, 2024

(a) Any nonparty may intervene in a matter pending before the board by filing a motion stating facts demonstrating that the nonparty's rights or other substantial interests might be affected by the appeal or that the nonparty qualifies as an intervenor under any provision of law.

(b) If the presiding officer of the board, as identified in Pes 202.13, determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the appeal, he or she shall grant the motion for intervention.

(c) Participation by intervenors shall be limited to that which is necessary to protect the interest identified in the motion for intervention.

(d) Motions for intervention shall be filed any time after the filing of the notice of petition for appeal, but prior to the opening of the appeal hearing, and shall:

(1) State the movant's interest in the subject matter of the appeal;

(2) Identify whether the movant appears in support of the appeal petition, or the respondent, as well as the movant's own interest;

(3) Identify why the interests of the parties and the orderly and prompt conduct of the appeal hearing would not be impaired; and

(4) Identify any other reasons why the movant should be permitted to intervene.

(e) If granted leave to intervene, the intervenor shall take the proceeding as he or she finds it, and no portion of the appeal hearing shall be repeated because of the fact of intervention.

#5590, eff 2-25-93; ss by #6258, eff 5-30-96; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12

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