Current through all regulations passed and filed through September 16, 2024
(A) Persons who
desire to intervene in a board proceeding shall comply with the following
requirements:
(1) The chief executive officer
of each municipal corporation and county and the head of each public agency
charged with the duty of protecting the environment or of planning land use in
the area in which any portion of such facility is to be located may intervene
by preparing and filing with the board, within thirty days after the date he or
she was served with a copy of the application under division (B) of section
4906.06 of the Revised Code, a
notice of intervention containing the following information:
(a) A certification or affirmation as to the
legal title and authority of such official.
(b) A statement demonstrating the fact that
all or part of the proposed facility is to be located within the area under the
jurisdiction of such official.
(c)
A statement indicating that such official intends to intervene in the
proceedings, together with the grounds for which intervention is sought
and the interest of the official in the proceeding, if
known.
(2) All
other persons may petition for leave to intervene by:
(a) Preparing a petition for leave to
intervene setting forth the grounds for the proposed intervention and the
interest of the petitioner in the proceedings.
(b) Filing said petition within thirty days
after the date of publication of the notice required in accordance with
paragraph (A)(1) of rule
4906-3-09 of the Administrative
Code or in accordance with division (B) of section
4906.08 of the Revised Code or
as otherwise directed by the board or the administrative law judge.
(3) Copies of all notices of
intervention and petitions for leave to intervene shall be sent to all parties
by the prospective intervenor, and a certificate of service shall be filed with
the board at the time of filing said notice or petition pursuant to rule
4906-2-05 of the Administrative
Code.
(B) The board or
the administrative law judge shall grant petitions for leave to intervene only
upon a showing of good cause.
(1) In deciding
whether to permit intervention under this paragraph, the board or the
administrative law judge may consider:
(a) The
nature and extent of the person's interest.
(b) The extent to which the person's interest
is represented by existing parties.
(c) The person's potential contribution to a
just and expeditious resolution of the issues involved in the
proceeding.
(d) Whether granting
the requested intervention would unduly delay the proceeding or unjustly
prejudice an existing party.
(C) The board or the administrative law judge
may, in extraordinary circumstances and for good cause shown, grant a petition
for leave to intervene in subsequent phases of the proceeding, filed by a
person identified in paragraph (A)(1) or (A)(2) of this rule, who failed to
file a timely notice of intervention or petition for leave to intervene. Any
petition filed under this paragraph must contain, in addition to the
information set forth in paragraph (A)(1) or (A)(2) of this rule, a statement
of good cause for failing to timely file the notice or petition and shall be
granted only upon a finding that:
(1)
Extraordinary circumstances justify the granting of the petition.
(2) The intervenor agrees to be bound by
agreements, arrangements, and other matters previously made in the
proceeding.
(D) Unless
otherwise provided by law, the board or the administrative law judge may:
(1) Grant limited participation, which
permits a person to participate with respect to one or more specific issues,
if:
(a) The person has no real and substantial
interest with respect to the remaining issues.
(b) The person's interest with respect to the
remaining issues is adequately represented by existing parties.
(2) Require intervenors with
substantially similar interests to consolidate their examination of witnesses
or presentation of testimony.
