Section 11-271-111 - Intervention(a) Motion. A motion for leave to intervene in any proceeding conducted under the rules of this subchapter must set forth the grounds for the proposed intervention, the position and interest of the movant and the likely impact that intervention will have on the expeditious progress of the proceeding. Any person already a party to the proceeding may file an answer to a motion to intervene, making specific reference to the factors set forth in the foregoing sentence and subsection (c) of this section, within twenty days after service of the motion for leave to intervene.(b) When filed. A motion for leave to intervene in a proceeding must ordinarily be filed before the first prehearing conference or, in the absence of a prehearing conference, before the initiation of correspondence under subsection 11-271-119(e), or if there is no such correspondence, prior to the setting of a time and place for a hearing. Any motion filed after that time must include, in addition to the information set forth in subsection (a) of this section, a statement of good cause for the failure to file in a timely manner. The intervenor shall be bound by any agreements, arrangements and other matters previously made in the proceeding.(c) Disposition. Leave to intervene may be granted only if the movant demonstrates that (1) his presence in the proceeding would not unduly prolong or otherwise prejudice the adjudication of the rights of the original parties; (2) the movant will be specially, personally, and adversely affected by the department's decision; and (3) the interests of the movant are not being adequately represented by the original parties. The intervenor shall become a full party to the proceeding upon the granting of leave to intervene.(d) Amicus curiae. The motion shall identify the interest of the applicant and shall state the reasons why the proposed amicus brief is desirable. If the motion is granted, the hearing officer shall issue an order setting the time for filing such brief.Haw. Code R. § 11-271-111
[Eff 6/18/94; comp] (Auth: HRS § 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §22.11 )