305 Neb. Admin. Code, ch. 3, § 006

Current through September 17, 2024
Section 305-3-006 - Intervention in Declaratory Order Proceeding
006.01 Intervention by any person or entity in a declaratory order proceeding shall be allowed when the following requirements are met:
006.01A A petition for intervention must be filed with the Agency. Copies must be mailed by the petitioner for intervention to all parties to the proceeding.
006.01B The contents of the petition must be as specified in 006.02.
006.01C The Commission must determine that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.
006.01D The petition in intervention must be filed with the Agency and copies mailed to all parties named in any notice of hearing at least five days before the hearing.
006.02 Contents of Petition

The petition for intervention shall be submitted to the Commission, in writing, on 81/2" x 11" white paper, and shall include each of the following:

006.02A The statute, regulation, rule, or order that may apply to or affect the person, property, entity, or facts at issue in the matter;
006.02B A statement of facts sufficient to show the intervenor's interest;
006.02C A statement of facts which demonstrate that the intervenor's legal rights, duties, privileges, immunities, or other legal interests may be substantially affected by the proceeding or that the intervenor may intervene pursuant to a provision of law;
006.02D All propositions of law or contentions asserted by the intervenor; and
006.02E A statement of the specific relief requested by the intervenor.
006.03 The Agency may, at its discretion, invite any person or entity to file a petition for intervention.
006.04 The Commission shall grant a petition for intervention if the requirements of subsections 006.01 and 006.02 are satisfied.
006.05 The Commission shall deny a petition for intervention upon determining that the interests of justice or the orderly and prompt conduct of the proceedings would be impaired by allowing the intervention.
006.06 The Commission's decision to grant or deny a petition for intervention shall be in writing and served upon all parties.

305 Neb. Admin. Code, ch. 3, § 006