(1)
Nondiscretionary intervention. Persons who qualify under any
applicable provision of law as an intervenor and who file a petition for
intervention within 15 working days of the filing of a petition for declaratory
order and before 30-day time for agency action under rule
876-5.8 (17A) shall be allowed
to intervene in a proceeding for a declaratory order.
(2)
Discretionary
intervention. Any person who files a petition for intervention at any
time prior to the issuance of an order may be allowed to intervene in a
proceeding for a declaratory order at the discretion of the workers'
compensation commissioner.
(3)
Filing and form of petition for intervention. A petition for
intervention shall be filed at the office of the workers' compensation
commissioner Such a petition is deemed filed when it is received by that
office. The workers' compensation commissioner will provide the petitioner with
a file-stamped copy of the petition for intervention if the petitioner provides
an extra copy for this purpose. A petition for intervention must be typewritten
or legibly handwritten in ink and must substantially conform to the following
form:
BEFORE THE WORKERS' COMPENSATION COMMISSIONER
Petition by (Name of Original Petitioner) for a Declaratory
Order on (Cite provisions of law cited in Original Petition). Petition for
intervention by (Name of Intervenor).
}
PETITION FOR INTERVENTION
The petition for intervention must provide the following
information:
1. Facts supporting the
intervenor's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
question or questions presented and a summary of the reasons urged in support
of those answers.
3. Reasons for
requesting intervention and disclosure of the intervenor's interest in the
outcome.
4. A statement indicating
whether the intervenor is currently a party to any proceeding involving the
questions at issue and whether, to the intervenor's knowledge, those questions
have been decided by, are pending determination by, or are under investigation
by, any governmental entity.
5. The
names and addresses of any additional persons, or a description of any
additional class of persons, known by the intervenor to be affected by, or
interested in, the questions presented.
6. Whether the intervenor consents to be
bound by the determination of the matters presented in the declaratory order
proceeding.
The petition must be dated and signed by the intervenor or the
intervenor's representative. It must also include the name, mailing address,
and telephone number of the intervenor and intervenor's representative, and a
statement indicating the person to whom communications should be
directed.