Ill. Admin. Code tit. 35 § 101.402

Current through Register Vol. 48, No. 49, December 6, 2024

Section 101.402 - Intervention of Parties

a) The Board may permit any person to intervene in any adjudicatory proceeding. If a person seeks to intervene in an adjudicatory proceeding, the person must file a motion to do so with the Clerk and serve a copy of the motion on all parties to the proceeding. The motion must state the grounds for intervention.

b) In determining whether to grant a motion to intervene, the Board will consider the timeliness of the motion and whether intervention will unduly delay, materially prejudice, or otherwise interfere with an orderly or efficient proceeding.

c) Subject to subsection (b), the Board will permit any person to intervene in any adjudicatory proceeding if:

1) The person has an unconditional statutory right to intervene in the proceeding; or

2) It may be necessary for the Board to impose a condition on the person.

d) Subject to subsection (b), the Board may permit any person to intervene in any adjudicatory proceeding if:

1) The person has a conditional statutory right to intervene in the proceeding;

2) The person may be materially prejudiced absent intervention; or

3) The person is so situated that the person may be adversely affected by a final Board order.

e) An intervenor will have all the rights of an original party to the adjudicatory proceeding, except that the Board may limit the rights of the intervenor as justice may require. The limits may include providing that: the intervenor is bound by Board and hearing officer orders already issued or by evidence already admitted; that the intervenor does not control any decision deadline; and that the intervenor cannot raise issues that were raised or might more properly have been raised at an earlier stage of the proceeding.

Ill. Admin. Code tit. 35, § 101.402

Amended at 41 Ill. Reg. 9930, effective 7/5/2017

Amended at 43 Ill. Reg. 9674, effective 8/22/2019