N.D. Admin. Code 13-01.1-02-06

Current through Supplement No. 394, October, 2024

Section 13-01.1-02-06 - Intervention

In any formal proceeding, any person having substantial interest in the subject matter of any proceeding may petition the commissioner for leave to intervene in such proceeding and may become a party thereto upon compliance with the provisions of this section. In general such petitions will not be granted unless it shall be found: (1) that such person has a statutory right to be made a party to such proceeding; or (2) that such person has a property or financial interest which may not be adequately represented by existing parties, and such intervention would not unduly broaden the issues or delay the proceeding.

1.Contents of petition to intervene. A petition for leave to intervene shall be in writing and must set forth the grounds of the proposed intervention, the position and interest of the petitioner in the proceeding, and whether the petitioner's position is in support of or in opposition to the relief sought.

2.When filed. A petition for leave to intervene in any proceeding must be filed no later than five business days prior to the commencement of the hearing.

3.Number of copies. The petitioner shall furnish a copy of the petition to each party to the proceeding and shall furnish the board with the original and ten copies thereof.

4.Effect. Admission as an intervenor must not be construed as recognition by the board that the intervenor might be aggrieved by an order of the board in the proceeding.

N.D. Admin Code 13-01.1-02-06

Effective January 1, 1980; amended effective May 1, 1993.

General Authority: NDCC 6-01-04, 28-32-02

Law Implemented: NDCC 6-01-01, 6-01-04, 28-32-08.2