La. Admin. Code tit. 33 § I-323

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-323 - Intervention

A. An aggrieved person has the right to intervene as a party in an adjudicatory hearing, provided the proper petition for intervention is filed at least 15 days prior to the adjudicatory hearing and such intervention is not likely to create an undue broadening of the issues or otherwise unduly impede the resolution of the matter.

B. If more than one person or entity with the same or similar interests seeks to intervene, the presiding officer may require them to designate a representative to participate on their behalf. If, during the course of an adjudication, the interest of an intervenor diverges from that of the designated representative, the presiding officer may allow that intervenor to participate through a separate representative.

C. A petition for intervention shall comply with the requirements of LAC 33:I.331 and shall also state all facts necessary to demonstrate that the petitioner is an aggrieved person.

D. Upon good cause shown and with permission of the presiding officer, persons with timely and properly pending petitions for intervention may be considered parties for the limited purposes of discovery, exchanges of information, prehearing conferences, service of pleadings, and other such purposes as allowed by the presiding officer, provided no prejudice is shown to existing parties.

E. Unless otherwise ordered by the presiding officer, opposition by parties to a petition for intervention must be filed with the administrative hearings clerk within 10 days after service on the parties of the petition and shall be served on the petitioner and all parties in accordance with these rules.

F. In those cases where any conference or preliminary hearing was held prior to the intervenor's petition, the presiding officer shall require that the intervenor be bound by any previously issued orders or schedules unless the intervenor can show good cause for modification of such orders or schedules or the presiding officer determines that justice requires modification.

La. Admin. Code tit. 33, § I-323

Promulgated by the Department of Environmental Quality, Office of the Secretary, Administrative Hearings Division, LR 21:558 (June 1995).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.