Kan. Admin. Regs. § 21-40-17

Current through Register Vol. 43, No. 25, June 20, 2024

Section 21-40-17 - Intervention

(a) Initiation of intervention. At the discretion of the commission or presiding officer any person may by petition be allowed to intervene in person or by counsel, for such purposes and to such extent as the commission or presiding officer shall determine: Provided, Such person makes application to intervene at least ten (10) days before the hearing.

(b) Form and contents of petitions. Petitions to intervene shall set out clearly and concisely the facts from which the nature of the alleged right or interest of the petitioner can be determined, the grounds of the proposed intervention, and the position of the petitioner in the proceeding, so as fully and completely to advise the parties and the commission as to the specific issues of fact or law to be raised or controverted, by admitting, denying or otherwise answering, specifically and in detail, each material allegation of fact or law asserted in the proceeding, and citing by appropriate reference authority relied on.

(c) Notice and action on petitions.

(1) Notice and service. Petitions to intervene, when tendered for filing, shall show service thereof upon all participants to the proceeding in conformity with § 21-40-11 (b) of this Title (relating to service by a participant.)

(2) Action on petitions. As soon as practicable after the expiration of the time for filing answers to such petitions or default thereof, the commission or presiding officer will grant or deny such petition in whole or in part or may, if found to be appropriate, authorize limited participation.

(d) Limitation of participation in hearings. Where there are two or more interveners having substantially like interests and positions, the commission or presiding officer may, in order to expedite the hearing, arrange appropriate limitations on the number of attorneys who will be permitted to cross-examine and make and argue motions and objections on behalf of such interveners.

Kan. Admin. Regs. § 21-40-17

Authorized by K.S.A. 1974 Supp. 44-1003, 44-1004; effective, E-74-14, Dec. 28, 1973; effective May 1, 1975.