CONSOLIDATION, INTERVENTION AND SUBSTITUTION OF PARTIES

1. (a) A person may petition the Board to intervene in any pending matter prior to the initial presentation of evidence.

2. (b) A petition to intervene shall be verified, and shall contain sufficient factual averments and legal assertions to establish the following:

   1. (1) The reasons the petitioner seeks to intervene.
   2. (2) The basis for asserting that the identified interest is greater than that of the general public.
   3. (3) The manner in which that interest will be affected by the Board’s adjudication.
   4. (4) The specific issues upon which the petitioner will offer evidence or legal argument.
3. (c) A copy of the petition shall be served upon the parties to the proceedings.
4. (d) A party may file an answer to the petition. An answer shall be verified and filed within 15 days after service of the petition, unless a shorter time is ordered by the Board.
5. (e) The Board will deny the petition if it fails to include sufficient legal grounds or verified factual averments to establish the right to intervene.
6. (f) If the Board grants the petition, the order may specify the issues as to which intervention is allowed. An order granting intervention allows the intervenor to participate in the proceedings remaining at the time of the order granting intervention.

7. (g) Subsections (a)—(d) supersede 1 Pa. Code § § 35.27—35.32 and 35.36 (relating to intervention; and answers to petitions to intervene).

   Comment

   Section 1021.51(j) (relating to commencement, form and content) allows certain potentially adversely affected persons, as that term is defined in § 1021.51(h), to intervene in an appeal as of right by simply filing an entry of appearance.

Authority

The provisions of this § 1021.81 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

Source

The provisions of this § 1021.81 amended September 18, 1998, effective September 19, 1998, 28 Pa.B. 4714; amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial pages (372819) to (372820).

Cross References

This section cited in 25 Pa. Code § 1021.2 (relating to definitions); and 25 Pa. Code § 1021.51 (relating to commencement, form and content).