Section R7-2-710. Intervention

A.      Any person seeking to intervene in any contested case shall file a written request to intervene. Intervention shall be granted only if the hearing body determines that:

1.        The legal interests of the person requesting to intervene may be substantially affected by the outcome of the con- tested case;

2.        Intervention will not unduly delay or bias the hearing;

3.        The interest of the person requesting to intervene is not adequately represented by another party to the contested case; and

4.        The proposed intervention is in the interests of justice.

B.       The request shall state the claims or defenses for which inter- vention is sought, briefly describing the interests that may be affected by the outcome of the case and including such facts as demonstrate those interests.

C.      The request shall be filed and served upon all parties at least 15 days prior to hearing.

D.      Any party may file a response to the request to intervene within five days of service of the request upon the party.

E.       The hearing body shall decide on the request to intervene at least five days prior to the hearing date and shall, prior to the end of the following business day, notify the persons request- ing to intervene and all parties of the decision. The hearing body may reschedule a hearing or prehearing conference to provide sufficient time for the parties to respond to a request to intervene or to prepare for the hearing or prehearing confer- ence.

F.       The hearing body may limit the intervener’s participation to issues in which the intervener has a particular interest.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).