Current through Register Vol. 46, No. 12, March 20, 2024
Participation in the hearing may be as a full party or as
amicus, depending upon the demonstrated compliance with the
criteria set forth in subdivisions (b) through (d) of this section. Non-
parties who wish to have their comments recorded will be permitted to submit
oral or written comments during the legislative portion of the hearing, or as
otherwise provided by the ALJ, as set forth in section
624.4
of this Part. Such statements will not constitute evidence in the adjudicatory
hearing, but will constitute comments on the DEIS, if one exists, and may be
used by the ALJ as a basis to inquire further of all parties and potential
parties at the issues conference.
(a)
Mandatory parties.
The applicant and assigned department staff are automatically
full parties to the proceeding. However, in the case of a water supply rate
dispute only the municipalities involved in the dispute are mandatory
parties.
(b)
Other
parties.
By the date set in the notice of hearing, a person desiring
party status must file a petition in writing which includes the requirements of
either paragraphs (1) and (2) or paragraphs (1) and (3) of this
subdivision.
(1) Required contents of
petition for party status:
(i) fully identify
the proposed party together with the name(s) of the person or persons who will
act as representative of the party;
(ii) identify petitioner's environmental
interest in the proceeding;
(iii)
identify any interest relating to statutes administered by the department
relevant to the project;
(iv)
identify whether the petition is for full party or amicus
status;
(v) identify the precise
grounds for opposition or support.
(2) Additional contents required for
petitions for full party status:
(i) identify
an issue for adjudication which meets the criteria of section
624.4(c)
of this Part; and
(ii) present an
offer of proof specifying the witness(es), the nature of the evidence the
person expects to present and the grounds upon which the assertion is made with
respect to that issue.
(3) Additional contents required for
petitions for
amicus status:
(i) identify the nature of the legal or
policy issue(s) to be briefed which meets the criteria of section
624.4(c)
of this Part; and
(ii) provide a
statement explaining why the proposed party is in a special position with
respect to that issue.
(4) Inadequate petition. If a potential party
fails to file a petition in the form set forth in this subdivision, the ALJ may
deny party status or may require additional information from the
filer.
(5) Supplementation of
petitions. Where the ALJ finds that a prospective party did not have adequate
time to prepare its petition for party status, the ALJ shall provide an
opportunity for supplementation of the petition.
(c)
Late filed petitions for party
status.
(1) Petitions filed after the
date set in the notice of hearing will not be granted except under the limited
circumstances outlined in paragraph (2) of this subdivision.
(2) In addition to the required contents of a
petition for party status, a petition filed late must include the following in
order to receive any consideration:
(i) a
demonstration that there is good cause for the late filing;
(ii) a demonstration that participation by
the petitioner will not significantly delay the proceeding or unreasonably
prejudice the other parties; and
(iii) a demonstration that participation will
materially assist in the determination of issues raised in the
proceeding.
(d)
Rulings on party status.
Rulings on party status will be made by the ALJ after the
deadline for receipt of petitions for party status and will be set forth in the
rulings on issues provided for in section
624.4
of this Part.
(1) Full party status.
The ALJ's ruling of entitlement to full party status will be based upon:
(i) a finding that the petitioner has filed
an acceptable petition pursuant to paragraphs (b)(1) and (2) of this
section;
(ii) a finding that the
petitioner has raised a substantive and significant issue or that the
petitioner can make a meaningful contribution to the record regarding a
substantive and significant issue raised by another party; and
(iii) a demonstration of adequate
environmental interest.
(2) Amicus status. The ALJ's ruling of
entitlement to
amicus status must be based upon:
(i) a finding that the petitioner has filed
an acceptable petition pursuant to paragraphs (b)(1) and (3) of this
section;
(ii) a finding that the
petitioner has identified a legal or policy issue which needs to be resolved by
the hearing; and
(iii) a finding
that the petitioner has a sufficient interest in the resolution of such issue
and through expertise, special knowledge or unique perspective may contribute
materially to the record on such issue.
(e)
Rights of parties.
(1) A full party has the right to:
(i) participate at the hearing in person or
through an authorized representative;
(ii) present relevant evidence and to
cross-examine witnesses of other parties;
(iii) present argument on issues of law and
fact;
(iv) initiate motions,
requests, briefs or other written material in connection with the hearing, and
receive all correspondence to and from the ALJ and to and from all other
parties which is circulated to the parties generally;
(v) appeal adverse rulings of the ALJ;
and
(vi) exercise any other right
conferred on parties by this Part or SAPA.
(2) A party with amicus
status has the right to file a brief and, at the discretion of the ALJ, present
oral argument on the issue(s) identified in the ALJ's ruling on its party
status but does not have any other rights of participation or
submission.
(3) A potential party
has the same rights it would be entitled to if its petition for party status
were granted.
(f)
Loss of party status.
Upon determining that the party or its representative has
failed to comply with the applicable laws, rules or directives of the ALJ and
has substantially disrupted the hearing process or prejudiced the rights of
another party to the proceeding, the ALJ may revoke the party status of the
offending party.