445 R.I. Code R. § 445-RICR-00-00-1.10 - Intervention

Current through December, 23, 2021

A. Participation in a proceeding as an intervenor may be initiated as follows:
1. By the filing of a notice of intervention by CRMC, DEM, the city or town in which the proposed facility is to be located or designated agencies.
2. By order of the Board upon a motion to intervene B. Who May Intervene - Subject to the provisions of this Part, any person claiming a right to intervene or an interest of such nature that intervention is necessary or appropriate may intervene in any proceeding before the Board. Such right or interest may be:
1. A right conferred by statute.
2. An interest which may be directly affected and which is not adequately represented by existing parties and as to which petitioners may be bound by the Board's action in the proceeding.
3. Any other interest of such nature that petitioner's participation may be in the public interest.
C. Form and Contents of Motion to Intervene - A motion to intervene shall set out clearly and concisely facts from which the nature of the movant's alleged right or interest can be determined, the grounds of the proposed intervention, and the position of the movant in the proceeding.
D. Filing and Service of Motions to Intervene
1. A motion to intervene or notice of intervention in a preliminary hearing or a final hearing shall be filed not less than twenty (20) days before the date on which preliminary or final hearing begins.
2. A notice to intervene in a preliminary hearing or an order granting intervention in a preliminary hearing shall confer intervenor status in the final hearing without additional notice of intervention or motion.
3. For good cause shown the Board may authorize the filing of a late notice of intervention or motion to intervene.
4. Intervention in Board hearings shall in no way affect the right of any party to intervene in proceedings and hearings conducted by DEM, CRMC and designated agencies.
5. Service of a notice of intervention or motion to intervene shall be made in accordance with § 1.17 of this Part.

Notes

445 R.I. Code R. § 445-RICR-00-00-1.10
Amended effective November 28, 2018

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