Ill. Admin. Code tit. 38, § 1050.1620 - Intervention

Current through Register Vol. 46, No. 15, April 8, 2022

a) Upon timely written application pursuant to subsection (b), the hearing officer may permit the applying party to intervene in a hearing proceeding, subject to the necessity for conducting an orderly and expeditious hearing, if it is determined that:
1) the party may be adversely affected by a final order arising from the hearing; or
2) the party's circumstances and the hearing proceeding have a question of law or fact in common.
b) All petitions for intervention shall be in writing and served upon every party and the hearing officer not later than 10 days prior to the date of the hearing. The hearing officer may permit later intervention when there is good cause for delay in order to promote a full and fair hearing of the facts, for example: in order to include a party who failed to receive timely notice; or to address or resolve ambiguities, confusion or conflict in the interpretation of regulation or statute.
c) An intervenor shall have all the rights of an original party, except that the hearing officer may, in the order allowing intervention, provide that the petitioner and respondent shall be bound by orders entered or by evidence received, that the petitioner and respondent shall not raise issues that might more properly have been raised at an earlier stage of the proceeding, that the petitioner and respondent shall not raise new issues or add new parties, or that in other respects the petitioner and respondent shall not interfere with the control of the hearing, as justice and avoidance of undue delay may require.

Notes

Ill. Admin. Code tit. 38, § 1050.1620

Amended at 29 Ill. Reg. 14808, effective September 26, 2005

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