11 Miss. Code. R. 1-6.6 - Interventions

Any person who meets the statutory definition of "interested party" under Miss. Code Ann. § 49-17-29(4)(b) and 11 Miss. Admin. Code Pt. 1, R. 6.5.D may file a written Motion to Intervene.

A. Leave. Leave to intervene will entitle the intervenor to the status of a party and to participate as a party.

B. Form. Motions to intervene shall set out clearly the facts from which the nature of the movant's alleged right or interest can be determined, the grounds of the proposed intervention and any other pertinent facts. Movants will only be allowed to intervene if they meet the definition of "interested party" set forth in Miss. Code Ann. § 49-17-29(4)(b) and Rule 6.5.D which is as follows: "any person claiming an interest relating to the property or project which is the subject of the permit action, and who is so situated that the person may be affected by the disposition of that action." The motion to intervene must contain a certificate of service upon all parties of record. The movant shall file a proposed order allowing intervention with the motion to intervene. The MDEQ Legal staff will provide example forms, upon request, to any proposed intervenor.

C. Time for. Motions to intervene must be filed on or before the date specified in the scheduling letter. An interested party who did not timely file a motion to intervene may not participate as a party at the evidentiary hearing except upon good cause shown.

D. Failure to comply with time limitations. Motions to intervene not timely filed under this rule will only be allowed in the discretion of the Permit Board and only upon good cause shown. Except as otherwise ordered, a grant of an untimely motion to intervene must not be a basis for delaying or deferring any procedural schedule established prior to the grant of that motion. The Permit Board may limit a late intervenor's participation to avoid delay and prejudice to the other participants.

E. Service of Copies. Documents filed after a person is allowed to intervene must be served on the intervenor in the same manner as for parties.

Notes

11 Miss. Code. R. 1-6.6

Miss. Code Ann. §§ 49-17-29(4)(b); 49-17-1, et seq. (Rev. 2012).

Adopted 5/14/2015