Section 18-1024. FORMAL INTERVENTION

 

1024.1Any person may move to intervene in a proceeding and may become a party thereto if the examiner finds that the party may be bound by the order to be entered in the proceeding or that the party has an interest that may not be adequately represented by existing parties; Provided, that the intervention would not unduly broaden the issues or delay the proceedings.

 

1024.2Except for good cause shown, no motion for leave to intervene shall be entertained if filed less than ten (10) days prior to a hearing.

 

1024.3A motion to intervene shall set forth facts tending to show the following matters, and in passing upon a motion to intervene, the examiner shall consider, among other things, the following factors:

 

(a)The nature of the person’s right under any statute to be made a party to the proceeding;

 

(b)The nature and extent of the interest of the person;

 

(c)The effect of the order which may be entered in the proceeding on the person’s interest;

 

(d)The extent to which the person’s interest will be represented by existing parties;

 

(e)The extent to which the person’s participation may reasonably be expected to assist in the development of a sound record; and

 

(f)The extent to which participation of such person will broaden the issue or delay the proceeding.

 

1024.4Any party to a proceeding may file an answer to a motion to intervene, making specific reference to the factors set forth in § 1024.3, within ten (10) days after the motion is filed.

 

1024.5The decision by the examiner granting, denying, or otherwise ruling on any motion to intervene may be issued without receiving any testimony or oral argument either from the moving party or other parties to the proceeding.

 

1024.6Notice of the decision of the examiner shall be in the form of an order which shall contain a statement of facts and the reasons for the order, and shall be served on the moving party and any other party who has filed objections to the motion.

 

1024.7A party to whom a motion to intervene has been granted becomes a party to the proceeding; Provided, that intervention allowed by this section is for administrative purposes only, and no decision granting leave to intervene shall be deemed to constitute an expression by the Department that the intervening party has such a substantial interest in the order that the party will be entered in the proceeding in such manner as will entitle the party to judicial review of the order.