Iowa Code r. 481-10.19 - Intervention
(1)
Motion. A motion for leave to intervene shall be served on all
parties and 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 ten days
of service of the motion to intervene unless the time period is extended or
shortened by the ALJ.
(2)
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 disposition of the proceeding. Unless otherwise ordered, a motion for
leave to intervene shall be filed before the prehearing conference, if one is
held, 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. The 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 hearing will 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 will be aggrieved or adversely
affected by a final order; and
c.
The interests of the movant are not being adequately represented by existing
parties; or that it is otherwise entitled to intervene.
(4)
Effect of intervention.
If appropriate, the ALJ may order consolidation of petitions and briefs and
limit the number of representatives allowed to participate in the proceedings.
A person granted leave to intervene is a party to the proceeding. The order
granting intervention may restrict the issues to be raised or otherwise
condition the intervenor's participation in the proceeding.
This rule is intended to implement Iowa Code sections 10A.801(7) and 17A.22.
Notes
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