1. A. A person who wishes to intervene in an appeal must file a motion to intervene. Except for good cause shown, a person must file the motion within 10 days after the Commission issues its notice pursuant to R12-14-607(E).
2. B. A motion to intervene must set forth the basis for the proposed intervention, including whether the person had a right to appeal the Appealable Agency Action or claims an interest in the subject of the action and the person is so situated that disposition of the action may as a practical matter impair or impede the person’s ability to protect that interest, unless the Person’s interest is adequately represented by existing parties.

3. C. The Commission may:

   1. 1. Grant the motion to intervene;
   2. 2. Deny the motion to intervene for good cause, e.g., where granting it would disadvantage the rights of the existing parties or unduly delay adjudication of the appeal; or
   3. 3. Grant the motion to intervene but limit the person's participation in the appeal.

4. D. A person may file a motion to file a brief as amicus curiae.

   1. 1. The motion must state the person's interest in the appeal and how its brief will be relevant to the Appealable Agency Action.
   2. 2. The motion must contain a certification that the movant or movant’s counsel has read any relevant filed briefs of the parties and that the movant’s arguments are not duplicative of those presented by the parties.
   3. 3. The Commission may grant or deny the motion in its discretion. The Commission may also allow a Person to file a brief as amicus curiae if it denies the Person's motion to intervene.
5. E. A person granted full or limited intervener status is a party to the appeal, while an amicus curiae is not. A person granted amicus curiae status shall serve its brief on the parties to the appeal.

Historical Note

Correction, not in original publication; former Rules of Practice and Procedure, Article X, adopted effective November 14, 1952, renumbered as Section R12-14-610 (Supp. 85-6). Section repealed effective November 1, 1993 (Supp. 93-4). New Section made by final rulemaking at 21 A.A.R. 297, effective April 14, 2015 (Supp. 15-1).