Haw. Code R. § 11-1-35 - Intervention

(a) Any person or agency not a party to the contested case hearing may seek to become a party by filing a motion for leave to intervene. The motion shall state the grounds upon which the person or agency claims to have an interest in the proceeding. The person or agency shall file the motion at least ten days before the hearing and shall serve the motion upon the hearings officer and all parties or their attorneys. Motions for intervention will be granted to persons or agencies properly seeking and entitled as of right to be admitted as a party; otherwise, at the discretion of the hearings officer, they may be denied. As a general policy, such motions shall be denied unless the person or agency shows that it has an interest in a question of law or fact involved in the contested matter and the disposition of the contested case may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.

(b) The hearings officer may permit intervention to such an extent and upon such terms as the hearings officer may deem proper and shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

Notes

Haw. Code R. § 11-1-35

[Eff 2/14/2005] (Auth: HRS § 91-2, 321-9) (Imp: HRS § 91-9)