Current through December 3, 2024
Section 815-RICR-00-00-1.17 - InterventionA. Procedure 1. Participation in a proceeding as an intervenor may be initiated by order of the Hearing Officer upon a motion to intervene.B. Who May Intervene1. Subject to the provisions of these rules, any person with a right to intervene or an interest of such nature that intervention is necessary or appropriate may intervene in any proceeding before the Division. Such right or interest may be: a. A right conferred by statute.b. An interest which may be directly affected and which is not adequately represented by existing parties and as to which movants may be bound by the Division's action in the proceeding. The following may have such an interest: consumers served by the applicant, defendant, or respondent and holders of securities of the applicant, defendant, or respondent.c. Any other interest of such a nature that movant's participation may be in the public interest.C. Form and Contents of Motion 1. A motion to intervene shall set out clearly and concisely facts from which the nature of the movant's alleged right or interest can be determined, the grounds of the proposed intervention, and the position of the movant in the proceeding.D. Filing and Service of Motion 1. Except as otherwise provided, motions to intervene and notices of intervention may be filed at any time following the filing of an application, petition, investigation or other documents seeking Division action, but in no event later than the date fixed for the filing of motions to intervene in any order or notice with respect to the proceedings issued pursuant to these rules, or, where no date is fixed for the filing of motions, the date of hearing, unless, for good cause shown, the Hearing Officer authorizes late filing. Service shall be made as provided in § 1.11 of this Part. Intervention other than as a matter of right may be granted with such limitations and/or upon such conditions as the Division shall determine.E. Disposition of Motion1. Unless the Hearing Officer denies a motion for leave to intervene, all timely motions to intervene not objected to by any party within ten (10) calendar days of service of the motion for leave to intervene shall be deemed allowed, provided that the Hearing Officer may, after notice and hearing, thereafter terminate the party status of any intervenor.F. Late Intervention 1. Intervenors are granted party status and are bound by the agreements reached and orders entered in the proceedings prior to their intervention. The Division will not allow the broadening of issues unless the public interest requires it and no undue prejudice or hardship will result to other parties to the proceeding.815 R.I. Code R. 815-RICR-00-00-1.17