Ohio Admin. Code 3745-47-07 - Intervention
(A)
Any person may file a motion to intervene in an
adjudication proceeding conducted under this chapter. A motion shall be
accompanied by a memorandum setting forth the matter for which intervention is
sought, the grounds for proposed intervention, the position and interest of the
movant in the adjudication proceeding, and any other matter that the movant
deems relevant in light of the factors to be considered by the hearing examiner
listed in paragraph (D) of this rule. The movant shall serve a copy of the
motion upon each party as provided in rule
3745-47-05
of the Administrative Code.
(B)
Except as
provided in paragraph (C) of this rule, a motion to intervene in an
adjudication proceeding shall be filed prior to the commencement of the first
conference or not later than fifteen days prior to commencement of the
adjudication hearing if no conference is held.
(C)
Motions to
intervene in an adjudication proceeding filed after the time periods set forth
in paragraph (B) of this rule shall contain, in addition to the information
required by paragraph (A) of this rule, a statement of good cause for the
failure to timely file the motion and shall be granted only upon a finding that
extraordinary circumstances justify the granting of the motion.
(D)
Motions to intervene may be granted by the hearing examiner upon consideration
of the following factors, where relevant:
(1)
The nature and
extent of the movant's interest in the subject matter of the adjudication
proceeding and the degree to which the adjudication may impair or impede the
movant's ability to protect that interest.
(2)
The adequacy of
the representation of the movant's interest by existing parties.
(3)
The
relationship of the movant's interest to the subject matter of the adjudication
hearing.
(4)
The avoidance of duplicative adjudication
proceedings.
(5)
Whether the intervention would unduly delay or
prejudice the adjudication of the rights of the parties.
(6)
The contribution
the movant may make to the just determination of the issues.
(E)
In
any adjudication proceeding in which intervention is granted under this rule,
the intervener shall be bound by previous rulings. The hearing examiner may
impose reasonable conditions or restrictions on the extent of the intervener's
participation in the adjudication proceeding.
Replaces: 3745-47-15
Notes
Promulgated Under: 119.03
Statutory Authority: 6111.041, 6111.03, 6109.04, 3753.02, 3752.03, 3751.02, 3746.04, 3745.01, 3734.74, 3734.73, 3734.72, 3734.71, 3734.70, 3734.12, 3734.021, 3734.02, 3714.02, 3704.03
Rule Amplifies: 19.06, 3745.07, 119.09, 119.08, 119.07
Prior Effective Dates: 07/05/1973, 06/30/1981, 04/02/2012
Promulgated Under: 119.03
Statutory Authority: 3704.03, 3714.02, 3734.02, 3734.021, 3734.12, 3734.70, 3734.71, 3734.72, 3734.73, 3734.74, 3745.01, 3746.04, 3751.02, 3752.03, 3753.02, 6109.04, 6111.03, 6111.041
Rule Amplifies: 119.06, 119.07, 119.08, 119.09, 3745.07
Prior Effective Dates: 07/05/73, 06/30/81
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.