Minnesota Administrative Rules

1405.0900 INTERVENTION AS PARTY.

Subpart 1.

Petition.

Any person desiring to intervene in the hearings as a party shall submit a timely petition to intervene to the administrative law judge and shall serve the petition upon all existing parties. Timeliness will be determined by the administrative law judge in each case based on circumstances at the time of filing. The petition shall show how the petitioner's legal rights, duties, or privileges may be determined or affected by the proceedings, how those rights, duties, and privileges are not otherwise represented, and shall set forth the grounds and purposes for which intervention is sought and shall indicate petitioner's statutory or legal right to intervene, if one should exist. The administrative law judge, with the consent of all parties, may waive the requirement that the petition be in writing.

Subp. 2.

Objection.

Any party may object to the petition for intervention by filing a notice of objection with the administrative law judge within seven days of service of the petition. The notice shall state the party's reasons for objecting and shall be served upon all parties and the person petitioning to intervene.

Subp. 3.

Order.

The administrative law judge shall allow intervention upon a proper showing pursuant to subpart 1 unless the administrative law judge finds that the petitioner's interest is adequately represented by one or more parties participating in the case. In the event the administrative law judge finds that one or more petitions are similar, the administrative law judge may order the petitions to be consolidated as one, allowing all such petitioners intervention but only as one party.

Subp. 4.

Responsibilities of intervenors.

Once a petition to intervene has been granted, an intervenor shall have all of the rights and responsibilities of a party.

Statutory Authority:

MS s 116C.66; 216E.16

History:

L 1984 c 640 s 32; 17 SR 1279

Published Electronically:

August 21, 2007