Utah Administrative Code
Topic - Transportation
Title R907 - Administration
Rule R907-1 - Agency Actions, Administrative Procedures
Section R907-1-12 - Formal Process and Hearing: Intervention
Current through Bulletin 2024-06, March 15, 2024
(1) Order Granting Leave to Intervene Required. Any person, not a party, seeking to intervene in a formal proceeding must obtain an order from the Presiding Officer granting leave to intervene before being allowed to participate. A potential intervenor must request such an order by providing a signed, written Petition to intervene. The person must file the written Petition with the Department before a response is due as prescribed in Subsection R907-1-11(1) and promptly deliver a copy to each party. The Presiding Officer may consider a Petition to intervene or materials filed after the response date, but only upon separate motion of the potential intervenor made at or before the hearing for a good cause shown.
(2) Content of Petition. Petitions for leave to intervene must identify the proceedings. The Petition must contain a statement of facts demonstrating the Petitioner has legal rights or interests that may be affected by the formal adjudicative proceeding, or the Petitioner qualifies as an intervenor under any provision of law. Additionally, the Petition must include a statement of the relief requested, including the legal basis for the Petitioner's requested relief from the Presiding Officer.
(3) Response to Petition. Any party to a proceeding in which a person files a Petition to intervene may make an oral or written response opposing the Petition. The response in opposition must state the party's basis for opposing the Petition and may suggest limitations the Presiding Officer should place upon the potential intervenor if the Presiding Officer grants the Petition. The response must be presented or filed at or before the hearing.
(4) Granting of Petition. The Presiding Officer will grant a Petition to intervene if the Presiding Officer determines:
(5) Order Requirements.