Iowa Admin. Code r. 199-7.13 - Intervention
(1) Petition.
Unless otherwise ordered by the commission or presiding officer , a request to
intervene in a proceeding shall be by petition to intervene filed no later than
20 days following the order setting a procedural schedule. However, when a
provision of law directs the commission to issue a decision in the case in six
months or less, the petition to intervene is to be filed no later than ten days
following the order setting a procedural schedule, unless otherwise ordered by
the commission or presiding officer .
(2) Response. Any party may file a response
within seven days of service of the petition to intervene unless the time
period is extended or shortened by the commission or presiding
officer .
(3) Grounds for
intervention. Any person having an interest in the subject matter of a
proceeding may be permitted to intervene at the discretion of the commission or
presiding officer . In determining whether to grant intervention, the commission
or presiding officer will consider:
a. The
prospective intervenor 's interest in the subject matter of the
proceeding;
b. The effect of a
decision that may be rendered upon the prospective intervenor 's
interest;
c. The extent to which
the prospective intervenor 's interest will be represented by other
parties;
d. The availability of
other means by which the prospective intervenor 's interest may be
protected;
e. The extent to which
the prospective intervenor 's participation may reasonably be expected to assist
in the development of a sound record through presentation of relevant evidence
and argument; and
f. Any other
relevant factors.
(4) In
determining the extent to which the prospective intervenor 's interest will be
represented by other parties, the consumer advocate 's role of representing the
public interest will not be interpreted as representing every potential
interest in a proceeding.
(5) The
commission or presiding officer may limit a person 's intervention to particular
issues or to a particular stage of the proceeding, or may otherwise condition
the intervenor 's participation in the proceeding. Leave to intervene is
generally granted by the commission or presiding officer to any person with a
cognizable interest in the proceeding.
(6) When two or more intervenors have
substantially the same interest, the commission or presiding officer , in the
commission 's or presiding officer 's discretion, may order consolidation of
petitions and briefs and limit the number of attorneys allowed to participate
actively in the proceedings to avoid a duplication of effort.
(7) A person granted leave to intervene is a
party to the proceeding. However, unless the commission or presiding officer
rules otherwise for good cause shown, an intervenor is bound by any agreement,
arrangement, or order previously made or issued in the case.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.