Mich. Admin. Code R. 792.10306

Current through Vol. 24-19, November 1, 2024
Section R. 792.10306 - Application for intervention; filing; service; answers; oral argument;

Rule 306.

(1) A person who has legal standing and who seeks to intervene as a party in a contested case shall file an application to intervene with the hearing system setting forth the legal authority and facts supporting intervention. A person who files an application shall serve copies on all parties known to the person at the time of application and provide proof of service at the time of filing. The hearing system shall advise an applicant for intervention of the names and addresses of parties not served by the applicant, who shall then serve those parties and file a proof of service consistent with R 792.10307.
(2) An application under subrule (1) of this rule shall not be granted until all parties have had an opportunity to answer the application in writing, unless the applicant is the permit holder. An answer must be filed within 14 days after the date of service of the application or within the period of time established by an order of the administrative law judge.
(3) The administrative law judge shall consider whether intervention would be in conflict with R 792.10102 or prejudice the rights of the existing parties. To avoid prejudice, intervention by a person may be denied or limited.
(4) The applicable statute and rules shall govern the issue of standing in a contested case hearing and these rules shall not be construed to either expand or restrict the legal standing of any person to intervene as a party in a contested case.

Mich. Admin. Code R. 792.10306

2015 MR 1, Eff. Jan. 15, 2015