Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0008 - Practice and Procedure
Chapter 2 - CONTESTED CASE HEARINGS
Section 2-9 - Intervention
Current through September 21, 2024
(a) Any person interested in obtaining the relief sought by a party or otherwise interested in the determination of a proceeding, other than surface coal mining operations pending before the Council, may file a motion to intervene before or at the hearing, but not thereafter except for good cause shown. The motion shall set forth the grounds of the proposed intervention, the position and interest of the petitioner in the proceeding, and affirmative relief sought. Leave shall not be granted unless the Council determines that the movant is adversely affected by the action and has a legal right to intervene, under the standards set out in W.R.C.P. Rule 24.
(b) For proceedings related to surface coal mining operations, any person may file a motion for leave to intervene as a full party or in a limited capacity at any stage of a proceeding conducted by the Council. The motion shall include the basis for intervention and shall be granted to any person who either could have initiated the proceeding or has an interest that may be adversely affected by the outcome of the proceeding. Regardless of these bases, intervention may be granted whenever appropriate after considering the nature of the issues, the adequacy of the existing parties' representation of movant's interest, the ability of the movant to present relevant evidence and argument, and the effect of intervention on the implementation of the Wyoming Environmental Quality Act. The extent and terms of participation by an intervenor in a limited capacity shall be determined by the Council.
(c) If the motion to intervene is granted, the movant becomes an intervenor and a party to the proceeding with the right to have notice, appear at the taking of testimony, produce and cross-examine witnesses, and be heard on the argument of the case. The party intervening shall give notice of intervention to all other parties.
