(a) Petitions to intervene in an adjudicative proceeding shall meet the following requirements:
- (1) Petitions for intervention shall be filed at least 3 business days before the commencement of a hearing or at any time if the presiding officer determines that such intervention is in the interests of justice and shall not impair the orderly and prompt conduct of the proceeding;
(2) Petitions for intervention shall state, with particularity:
- a. The petitioner's interest in the subject matter of the proceeding;
- b. The petitioner's position with respect to the subject matter of the hearing;
- c. Why the interest of the parties and the orderly and prompt conduct of the proceeding shall not be impaired; and
- d. Any other reasons why the petitioner should be permitted to intervene;
- (3) An intervener shall be subject to the same limitations that are applicable if the intervenor had been a party from the commencement of the proceeding; and
- (4) An intervener shall participate in the remaining aspects of the proceeding from the time of intervention, and no phase or portion of the proceeding shall be repeated for the benefit of the intervener.
(b) Joinder and severance shall be carried out in the following manner:
- (1) Whenever it appears to the presiding officer, upon motion or at the presiding officer’s discretion, that 2 or more proceedings involve substantially similar or substantially related issues, the presiding officer shall join those proceedings for hearings, decision, or both, provided no party shall be prejudiced by the joinder; and
- (2) Whenever it appears to the presiding officer, upon motion or at the presiding officer’s discretion, that prejudice to a party or parties or undue delay might be avoided, the presiding officer shall sever one or more issues or parties, and dispose of those issues in a separate proceeding.
Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24