Okla. Admin. Code § 165:5-9-4

Current through Vol. 41, No. 19, June 17, 2024

Section 165:5-9-4 - Intervention and parties of record

(a) Any person, not subject to subsection d of this Section, interested in the subject matter of a case may become a party of record by filing a motion for intervention, which shall be accompanied by a notice of hearing and set for hearing on the next motion docket or as agreed to by the parties of record and the Commission or Administrative Law Judge. The Commission or an Administrative Law Judge shall prescribe terms and conditions upon which intervention shall be allowed. Upon the issuance of an order granting the intervention, an entry of appearance for each representative of the intervening party shall be filed in the case within three (3) business days.

(b) An intervention shall follow the form provided elsewhere in this Chapter for an application or a response. An intervention may seek affirmative relief.

(c) Each motion to intervene, accompanied by the notice of hearing, shall be served to all parties of record.

(d) The following persons shall become a party of record by filing an entry of appearance or orally stating an entry of appearance at any proceeding regarding the case without needing to file a motion for intervention:

(1) A person named as a respondent,

(2) A person entitled to personal notice in a case,

(3) A person seeking to intervene with the agreement of the applicant, all parties of record, and the Commission or Administrative Law Judge,

(4) The Attorney General, or

(5) The U.S. Department of Defense and/or the Federal Executive Agencies, but only for cases filed on the PUD docket.

(e) Nothing herein shall waive the requirement that attorneys comply with OAC 165:5-1-10.

(f) Each representative of any party of record stating an oral entry of appearance pursuant to subsection d shall file an entry of appearance in the case within three (3) business days after such appearance is made.

(g) Persons appearing pro se may file an entry of appearance but are not required to do so.

Okla. Admin. Code § 165:5-9-4

Amended at 14 Ok Reg 2474, eff 7-1-97; Amended at 19 Ok Reg 1939, eff 7-1-02

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 10/1/2020

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 10/1/2023