S.D. Admin. R. 20:10:01:15.05 - Commission action on petition to intervene

As soon as practicable after the expiration of the time for filing an answer to a petition for intervention, the commission shall grant or deny the petition in whole or in part.

A petition to intervene shall be granted by the commission if the petitioner shows that the petitioner is specifically deemed by statute to be interested in the matter involved, that the petitioner is specifically declared by statute to be an interested party to the proceeding, or that by the outcome of the proceeding the petitioner will be bound and affected either favorably or adversely with respect to an interest peculiar to the petitioner as distinguished from an interest common to the public or to the taxpayers in general.

A person granted leave to intervene in whole or in part is an intervener and is a party to the proceeding. As a party, an intervener is entitled to notice of hearing, to appear at the hearing, to examine and cross-examine witnesses, to present evidence in support of the person's interest, to compel attendance of witnesses and production of evidence, to submit briefs, to make and argue motions and objections, and to all other rights granted to parties by statute or this chapter.


S.D. Admin. R. 20:10:01:15.05
2 SDR 56, effective February 2, 1976; transferred from

General Authority: SDCL 49-1-11(2),(4).

Law Implemented: SDCL 1-26-17.1, 49-1-11(2),(4), 49-34A-13.1.

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