Utah Admin. Code R907-1-12 - Formal Process and Hearing: Intervention

(1) Order Granting Leave to Intervene Required. Any person, not a party, seeking to intervene in a formal proceeding must obtain an order from the Presiding Officer granting leave to intervene before being allowed to participate. A potential intervenor must request such an order by providing a signed, written Petition to intervene. The person must file the written Petition with the Department before a response is due as prescribed in Subsection R907-1-11(1) and promptly deliver a copy to each party. The Presiding Officer may consider a Petition to intervene or materials filed after the response date, but only upon separate motion of the potential intervenor made at or before the hearing for a good cause shown.

(2) Content of Petition. Petitions for leave to intervene must identify the proceedings. The Petition must contain a statement of facts demonstrating the Petitioner has legal rights or interests that may be affected by the formal adjudicative proceeding, or the Petitioner qualifies as an intervenor under any provision of law. Additionally, the Petition must include a statement of the relief requested, including the legal basis for the Petitioner's requested relief from the Presiding Officer.

(3) Response to Petition. Any party to a proceeding in which a person files a Petition to intervene may make an oral or written response opposing the Petition. The response in opposition must state the party's basis for opposing the Petition and may suggest limitations the Presiding Officer should place upon the potential intervenor if the Presiding Officer grants the Petition. The response must be presented or filed at or before the hearing.

(4) Granting of Petition. The Presiding Officer will grant a Petition to intervene if the Presiding Officer determines:

(a) The Petitioner's legal interests may be substantially affected by the formal adjudicative proceeding; and

(b) the potential intervenor's participation in the adjudication will not materially impair the interests of justice or the orderly and prompt conduct of the adjudicative proceedings.

(5) Order Requirements.

(a) Any order granting or denying a Petition to intervene must be in writing and delivered to the Petitioner and each party.

(b) An order permitting intervention may impose conditions on the intervenor's participation in the adjudicative proceeding necessary for a just, orderly, and prompt conduct of the proceeding.

(c) The Presiding Officer may impose conditions on the intervenor any time after the intervention.

(d) If the Presiding Officer determines an intervenor has no direct or substantial interest in the proceeding, and the public interest does not require the intervenor's participation, the Presiding Officer may dismiss the intervenor.

(e) In the interest of expediting a hearing, the Presiding Officer may limit the extent of participation of an intervenor. Where two or more intervenors have substantially similar interests and positions, the Presiding Officer may limit the number of intervenors who may testify, cross-examine witnesses, or make and argue motions and objections.

Notes

Utah Admin. Code R907-1-12

Adopted by Utah State Bulletin Number 2022-17, effective 8/22/2022