N.J. Admin. Code § 16:51-4.4

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:51-4.4 - Disposition of motions to intervene generally

(a) If a movant demonstrates, through the introduction of documentary evidence clearly delineating material facts, that it has a substantial and specific interest in the subject matter, which interest will be affected by the proceeding, and that such interest with respect to the proceeding would not otherwise be adequately represented, the Director may grant the motion to intervene by written order or decision on such terms as the Director may prescribe.

(b) A substantial and specific interest may be demonstrated by the specific facts supporting the following allegations:

1. That the movant holds a Certificate to operate service in the proposed service area and that the granting of the relief sought may jeopardize the profitability of the service; or

2. That the movant is a user of transportation services or a resident in the proposed service area, and that the movant's quality of life may be jeopardized by the proposed service.

(c) Allegations of material facts that may justify intervention include the following:

1. There is insufficient public need for the proposed service;

2. The petitioner lacks the requisite equipment or personnel to provide the proposed service;

3. The petitioner is unfit to conduct the proposed service by reason of a history of illegal or unsafe operations, unreliable or inconvenient service or conviction of an offense listed in N.J.S.A. 5:12-86(c);

4. The proposed service would create excessive traffic or noise or is otherwise unsuited to the proposed service area; or

5. The petition lacks veracity.

(d) Whenever it appears during the course of a proceeding that an intervenor has no substantial and specific interest that would be affected by the proceeding, the Director may dismiss the intervenor from the proceeding.

(e) Timely filed motions to intervene shall be considered prior to any disposition of the petition to which they are directed.

N.J. Admin. Code § 16:51-4.4

Amended by R.1989 d.144, effective 3/20/1989.
See: 20 N.J.R. 2635(a), 21 N.J.R. 776(a).
Language added regarding evidence clearly delineating material facts.
Amended by R.2007 d.105, effective 4/16/2007.
See: 38 N.J.R. 4638(a), 39 N.J.R. 1489(b).
Section was "Disposition of motions to intervene; generally". Rewrote (a); added new (b) and (c); recodified former (b) and (c) as (d) and (e); and in (d), substituted "that" for "which" following "interest" and deleted "Commissioner or the" preceding "Director".