Any person, not a party, desiring to intervene in a formal
proceeding will obtain an order from the Board granting leave to intervene
before being allowed to participate. The hearing examiner shall not have the
authority to grant a leave to intervene. Such order will be requested by means
of a signed, written petition to intervene which shall be filed with the Board
by the Response Date and copy promptly mailed to each party by the petitioner.
Any petition to intervene or materials filed after the date a response is due
under R641-105-200 may be considered
at the Board's next regularly scheduled meeting only upon separate motion of
the intervenor made at or before the hearing for good cause shown.
110. Content of Petition. Petitions for leave
to intervene must identify the proceeding by title and by docket and cause
number, to the extent determinable. The petition must contain a statement of
facts demonstrating that the petitioner's legal rights or interests are
substantially affected by the formal adjudicative proceedings, or that the
petitioner qualifies as an intervenor under any provision of law. Additionally,
the petition shall include a statement of the relief, including the basis
thereof, that the petitioner seeks from the Board.
120. Response to Petition. Any party to a
proceeding in which intervention is sought may make an oral or written response
to the petition for intervention. Such response will state the basis for
opposition to intervention and may suggest limitations to be placed upon the
intervenor if intervention is granted. The response must be presented or filed
at or before the hearing.
130.
Granting of Petition. The Board shall grant a petition for intervention if it
determines that:
131. The
petitioner's legal interests may be substantially affected by the formal
adjudicative proceedings, and
132.
The interests of justice and the orderly and prompt conduct of the adjudicative
proceedings will not be materially impaired by allowing the
intervention.
140. Order
Requirements.
141. Any order
granting or denying a petition to intervene shall be in writing and sent by
mail to the petitioner and each party.
142. An order permitting intervention may
impose conditions on the intervenor's participation in the adjudicative
proceeding that are necessary for a just, orderly, and prompt conduct of the
adjudicative proceeding.
143. The
Board may impose conditions at any time after the intervention.
144. If it appears during the course of the
proceeding that an intervenor has no direct or substantial interest in the
proceeding and that the public interest does not require the intervenor's
participation therein, the Board may dismiss the intervenor from the
proceeding.
145. In the interest of
expediting a hearing, the Board may limit the extent of participation from an
intervenor. Where two or more intervenors have substantially like interests and
positions, the Board may at any time during the hearing limit the number of
intervenors who will be permitted to testify, cross-examine witnesses or make
and argue motions and objections.
