Ill. Admin. Code tit. 56 § 120.320

Current through Register Vol. 48, No. 43, October 25, 2024

Section 120.320 - Intervention

a) Permission to Intervene

1) Upon timely written application, the ALJ may, in his or her discretion, permit any party to intervene in a hearing proceeding, subject to the necessity for conducting an orderly and expeditious hearing, when:

A) The party is so situated that he or she may be adversely affected by a final order arising from the hearing;

B) The party requesting intervention is a necessary party to the hearing proceeding; or

C) A party's claim or defense and the main action have a question of law or fact in common.

2) In exercising discretion under this subsection (a), the ALJ shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

b) Two copies of a petition for intervention shall be filed with the ALJ, and one copy shall be served on each party.

c) An intervenor shall have all the rights of an original party subject to the order of the ALJ, except that the ALJ may, in his or her order allowing intervention, provide that the party shall not raise issues that might more properly have been raised at an earlier stage of the proceeding, that the party shall not raise new issues or add new parties, or that in other respects the party shall not interfere with the conduct of the hearing, as justice and the avoidance of undue delay may require.

Ill. Admin. Code tit. 56, § 120.320

Amended at 30 Ill. Reg. 10424, effective May 24, 2006

Amended at 38 Ill. Reg. 17631, effective 8/15/2014