297 Neb. Admin. Code, ch. 3, § 006

Current through September 17, 2024
Section 297-3-006 - 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 submitted in writing to 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 Board 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 agency, in writing, on 8 1/2" x 11" white paper, and shall include each of the following:

006.02A The statute, regulation, rule, or order that may apply to or effect the person, property, entity, or facts at issue in the matter;
006.02B A statement of facts sufficient to show the intervener's interest;
006.02C A statement of facts which demonstrate that the intervener'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 Board shall grant a petition for intervention if the requirements of § 006.01 and § 006.02 are satisfied.
006.05 The Board 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 Board's decision to grant or deny a petition for intervention shall be in writing and served upon all parties.

297 Neb. Admin. Code, ch. 3, § 006