Ohio Administrative Code
Title 3746 - Environmental Review Appeals Commission
Chapter 3746-5 - General Appellate Procedure
Section 3746-5-08 - Intervention

Universal Citation: OH Admin Code 3746-5-08

Current through all regulations passed and filed through September 16, 2024

(A) Intervention is discretionary and subject to such terms and conditions as the commission may prescribe. The commission may grant a motion to intervene and designate the intervenor as a party to such an extent and upon such terms as the commission shall deem appropriate for the disposition of the appeal.

(B) A motion to intervene must set forth the interest of the movant in the proceeding and demonstrate all of the following:

(1) The movant's participation will assist in the determination of the issues in question;

(2) The intervention will not unnecessarily delay the proceeding;

(3) The position of the movant is substantially supporting or not supporting the action or lack of action in the proceeding from which the appeal has been taken so that the commission may designate the movant as an appellant or an appellee; and

(4) The reasons why the movant could not have earlier become a party.

(C) The commission shall notify movant of its decision relative to joinder by certified mail. All other parties shall be notified by regular mail.

Replaces: 3746-5-04

Five Year Review (FYR) Dates: 4/21/2022 and 04/21/2027
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.03, 3745.04, 3745.05, 3750.19
Prior Effective Dates: 10/23/1973, 03/09/1999, 05/27/2004, 06/21/2009, 05/30/2014, 01/01/2018

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