Ohio Admin. Code 4901-1-11 - Intervention
(A) Upon timely
motion, any person shall be permitted to
may intervene in a proceeding upon a showing
that:
(1) A statute of this state or the
United States confers a right to intervene.
(2) The person has a real and substantial
interest in the proceeding, and the person is so situated that the disposition
of the proceeding may, as a practical matter, impair or impede his or her
ability to protect that interest, unless the person's interest is adequately
represented by existing parties.
(B) In deciding whether to permit
intervention under paragraph (A)(2) of this rule, the commission, the legal
director, the deputy legal director, or an attorney
examiner
ALJ
shall
should
consider:
(1) The nature and extent of the
prospective intervenor's interest.
(2) The legal position advanced by the
prospective intervenor and its probable relation to the merits of the
case.
(3) Whether the intervention
by the prospective intervenor will unduly prolong or delay the
proceedings.
(4) Whether the
prospective intervenor will significantly contribute to full development and
equitable resolution of the factual issues.
(5) The extent to which the person's interest
is represented by existing parties.
(C) Any person desiring to intervene in a
proceeding shall file a motion to intervene with the commission, and shall
serve it upon all parties in accordance with rule
4901-1-05 of the Administrative
Code. The motion shall be accompanied by a memorandum in support, setting forth
the person's interest in the proceeding. The same procedure
shall be followed
applies where a statute of this state or the United
States confers a right to intervene.
(D) Unless otherwise provided by law, the
commission, the legal director, the deputy legal director, or the
attorney examiner
ALJ may:
(1) Grant
limited intervention, which permits a person to participate with respect to one
or more specific issues, if the person has no real and substantial interest
with respect to the remaining issues or the person's interest with respect to
the remaining issues is adequately represented by existing parties.
(2) Require parties with substantially
similar interests to consolidate their examination of witnesses or presentation
of testimony.
(E) A
motion to intervene will not be considered timely if it is filed later than
five days prior to the scheduled date of hearing or after any specific deadline established by order of
the commission for purposes of a particular proceeding.
(F) A motion to intervene which is not timely
filed
will be granted
only under extraordinary circumstances.
may at
the discretion of the commission, the legal director, the deputy legal
director, or the ALJ, be granted for good cause shown.
Notes
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4901.13, 4903.221
Prior Effective Dates: 01/20/1963, 03/01/1981, 06/01/1983, 07/18/1985, 12/25/1987, 04/20/2001, 05/18/2007
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(A) Upon timely motion, any person shall be permitted to may intervene in a proceeding upon a showing that:
(1) A statute of this state or the United States confers a right to intervene.
(2) The person has a real and substantial interest in the proceeding, and the person is so situated that the disposition of the proceeding may, as a practical matter, impair or impede his or her ability to protect that interest, unless the person's interest is adequately represented by existing parties.
(B) In deciding whether to permit intervention under paragraph (A)(2) of this rule, the commission, the legal director, the deputy legal director, or an attorney examiner ALJ shall should consider:
(1) The nature and extent of the prospective intervenor's interest.
(2) The legal position advanced by the prospective intervenor and its probable relation to the merits of the case.
(3) Whether the intervention by the prospective intervenor will unduly prolong or delay the proceedings.
(4) Whether the prospective intervenor will significantly contribute to full development and equitable resolution of the factual issues.
(5) The extent to which the person's interest is represented by existing parties.
(C) Any person desiring to intervene in a proceeding shall file a motion to intervene with the commission, and shall serve it upon all parties in accordance with rule 4901-1-05 of the Administrative Code. The motion shall be accompanied by a memorandum in support, setting forth the person's interest in the proceeding. The same procedure shall be followed applies where a statute of this state or the United States confers a right to intervene.
(D) Unless otherwise provided by law, the commission, the legal director, the deputy legal director, or the attorney examiner ALJ may:
(1) Grant limited intervention, which permits a person to participate with respect to one or more specific issues, if the person has no real and substantial interest with respect to the remaining issues or the person's interest with respect to the remaining issues is adequately represented by existing parties.
(2) Require parties with substantially similar interests to consolidate their examination of witnesses or presentation of testimony.
(E) A motion to intervene will not be considered timely if it is filed later than five days prior to the scheduled date of hearing or after any specific deadline established by order of the commission for purposes of a particular proceeding.
(F) A motion to intervene which is not timely filed will be granted only under extraordinary circumstances. may at the discretion of the commission, the legal director, the deputy legal director, or the ALJ, be granted for good cause shown.
Notes
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4901.13, 4903.221
Prior Effective Dates: 01/20/1963, 03/01/1981, 06/01/1983, 07/18/1985, 12/25/1987, 04/20/2001, 05/18/2007