N.H. Admin. Code § Per-A 203.01

Current through Register No. 45, November 7, 2024

Section Per-A 203.01 - Intervention

(a) Petitions for intervention shall:

(1) Describe the petitioner's interest in the subject matter of the proceedings;

(2) Be submitted to the board in writing;

(3) Be submitted in accordance with this section and Per-A 204.02; and

(4) Not be submitted by those entities or individuals described in paragraph (d) below.

(b) A petition for intervention shall be granted by the board if:

(1) The petitioner complied with paragraph (a) above;

(2) The petitioner submitted the petition to the board at least 3 days before the hearing; and

(3) In accordance with RSA 541-A: 32, the board determines that:

a.The petition states facts demonstrating that the petitioner's rights, duties, privileges, immunities or other substantial interests might be affected by the proceedings or the petitioner qualifies as an intervenor under law; and

b.The intervention sought would not impair the interests of justice and the orderly and prompt conduct of the proceedings.

(c) The board shall grant a petition for intervention at any time if:

(1) The petitioner complied with paragraph (a) above; and

(2) The board determines that the intervention sought would be in the interests of justice and would not impair the orderly and prompt conduct of the proceedings.

(d) The board shall not grant a petition to intervene by any agency or employee who was entitled to be a party under the provisions of RSA 21-I: 52, 57, or 58, but who failed to file a timely appeal in accordance with Per-A 206.01(b).

(e) Approval of intervention by the board shall apply only to the proceeding in which the petition for intervention was granted.

(f) Notwithstanding the provisions of this chapter, if intervention is granted, the intervenor shall, in accordance with RSA 541-A: 32, III -V, have a right to participate in an adjudicative proceeding only to the extent allowed by the board and shall be subject to such limitations or conditions imposed by the board.

(g) An intervenor shall take the proceedings as he or she finds them and no portion of the proceeding shall be repeated based solely upon the fact that an intervention has occurred.

N.H. Admin. Code § Per-A 203.01

(See Revision Note at chapter heading for Per-A 200) #7378, eff 10-23-00; ss by #9205, eff 10-23-08