La. Admin. Code tit. 43 § XV-6711

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-6711 - Intervention

A. Any person, including a state, the office or OSM may petition for leave to intervene at any stage of a proceeding under the Act.

B. A petitioner for leave to intervene shall incorporate in the petition a statement setting forth the interest of the petitioner and, where required, a showing of why his interest is or may be adversely affected.

C. The commissioner or his authorized representative shall grant intervention where the petitioner:

1. had a statutory right to initiate the proceeding in which he wishes to intervene; or

2. has an interest which is or may be adversely affected by the outcome of the proceeding.

D. If neither §6711. C.1 nor 2 apply, the commissioner or his authorized representative shall consider the following in determining whether intervention is appropriate:

1. the nature of the issues;

2. the adequacy of representation of petitioner's interest which is provided by the existing parties to the proceeding;

3. the ability of the petitioner to present relevant evidence and argument; and

4. the effect of intervention on the agency's implementation of its statutory mandate.

E. Any person, including a state, the office or OSM granted leave to intervene in a proceeding may participate in such proceeding as a full party or, if desired, in a capacity less than that of a full party. If an intervenor wishes to participate in a limited capacity, the extent and the terms of the participation shall be at the discretion of the commissioner or his authorized representative.

La. Admin. Code tit. 43, § XV-6711

Promulgated by the Department of Natural Resources, Office of Conservation, LR 6:177 (May 1980), amended LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.