Current through Register Vol. 54, No.43, October 26, 2024
Section 35.31 - Notice and action on petitions to intervene(a)Notice and service. Petitions to intervene, when tendered to an agency for filing, shall show service thereof upon participants to the proceeding in conformity with § 33.32 (relating to service by a participant).(b)Action on petitions. As soon as practicable after the expiration of the time for filing answers to the petitions or default thereof, as provided in § 35.36 (relating to answers to petitions to intervene), the agency will grant or deny the petition in whole or in part or may, if found to be appropriate, authorize limited participation. No petitions to intervene may be filed or will be acted upon during a hearing unless permitted by the agency after opportunity for all parties to object thereto. Only to avoid detriment to the public interest will any presiding officer tentatively permit participation in a hearing in advance of, and then only subject to, the granting by the agency of a petition to intervene. This section cited in 1 Pa. Code § 31.3 (relating to definitions); 7 Pa. Code §131.11 (relating to time); 7 Pa. Code §131.14 (relating to interveners); 7 Pa. Code §179.17 (relating to intervention); 25 Pa. Code §1021.81 (relating to intervention); 28 Pa. Code § 301.7 (relating to fair hearing); 34 Pa. Code §131.32 (relating to petitions except petitions for joinder and challenge proceedings); 40 Pa. Code §17.13 (relating to protests/intervention procedure); 49 Pa. Code §19.33 (relating to intervention); 52 Pa. Code §5.75 (relating to notice, service and action on petitions to intervene); 52 Pa. Code §1005.35 (relating to notice, service and action on petitions to intervene); 58 Pa. Code §493a.12 (relating to intervention); 61 Pa. Code §703.2 (relating to petition content); 67 Pa. Code §441.3 (relating to permit application procedure); and 67 Pa. Code §491.6 (relating to notice and conduct of hearing).