Motion. A motion for leave to intervene in a contested case
proceeding shall state the grounds for the proposed intervention, the position
and interest of the proposed intervenor, and the possible impact of
intervention on the proceeding. A proposed answer or petition in intervention
shall be attached to the motion. Any party may file a response within 14 days
of service of the motion to intervene unless the time period is extended or
shortened by the presiding officer
When filed. Motion for
leave to intervene shall be filed as early in the proceeding as possible to
avoid adverse impact on existing parties or the conduct of the proceeding.
Unless otherwise ordered, a motion for leave to intervene shall be filed before
the prehearing conference, if any, or at least 20 days before the date
scheduled for hearing. Any later motion must contain a statement of good cause
for the failure to file in a timely manner Unless inequitable or unjust, an
intervenor shall be bound by any agreement, arrangement, or other matter
previously raised in the case. Requests by untimely intervenors for
continuances which would delay the proceeding will ordinarily be
The movant shall demonstrate that:
(a) intervention would not unduly prolong the
proceedings or otherwise prejudice the rights of existing parties;
(b) the movant is likely to be aggrieved or
adversely affected by a final order in the proceeding; and
(c) the interests of the movant are not
adequately represented by existing parties.
Effect of intervention.
If appropriate, the presiding officer may order consolidation of the petitions
and briefs of different parties whose interests are aligned with each other and
limit the number of representatives allowed to participate actively in the
proceedings. A person granted leave to intervene is a party to the proceeding.
The order granting intervention may restrict the issues that may be raised by
the intervenor or otherwise condition the intervenor's participation in the