Section 69-05.2-01-06 - Intervention1. Any person, including any department, agency, or instrumentality of the state, local, or federal government, may petition to intervene at any stage of a proceeding conducted under North Dakota Century Code chapter 38-14.1 or this article. 2. The petitioner shall incorporate a statement setting forth the interest of the petitioner and, where required, a showing of why the interest is or may be adversely affected. 3. The commission will grant intervention where the petitioner: a. Had a statutory right to initiate the proceeding in which the petitioner wishes to intervene; or b. Has an interest which is or may be adversely affected by the outcome of the proceeding. 4. If neither subdivision a nor subdivision b of subsection 3 apply, the commission will consider the following in determining whether intervention is appropriate: a. The nature of the issues; b. The adequacy of representation of petitioner's interest which is provided by the existing parties to the proceeding; c. The petitioner's ability to present relevant evidence and argument; and d. The effect of intervention on the commission's implementation of its statutory mandate. 5. Any person, including any department, agency, or instrumentality of the state, local, or federal government, granted intervention in a proceeding may participate as a full party. If an intervenor wishes to participate in a limited capacity, the extent and terms of the participation will be in the discretion of the commission. N.D. Admin Code 69-05.2-01-06
Effective June 1, 1983; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-03