Iowa Admin. Code r. 641-33.19 - Intervention
(1)
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 .
(2)
When filed. 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
will be bound by any agreement, arrangement, or other matter previously raised
in the case. Requests by untimely intervenors for continuances that would delay
the proceeding will ordinarily be denied.
(3)
Grounds for
intervention. 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.
(4)
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 limit the issues raised by the intervenor
or otherwise condition the intervenor's participation.
Notes
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