Rule 4.40 - APPEARANCE BY AGENCY NOT A PARTY(1) If an agency whose order, rule, ruling, policy, or other action is at issue is not a party to the proceeding, it may intervene as a party in the Court of Appeals by filing a brief. The brief shall be due on the same date that the respondent's answering brief is due.(2) If an agency has filed a brief in the Court of Appeals and the decision is adverse to the agency's view of its order, rule, ruling, policy, or other action, the agency may petition for review as provided in ORAP 9.05.(3) If an agency has not intervened in the Court of Appeals, it may file a petition for intervention and for reconsideration or review under ORAP 9.05 and ORAP 9.10.(4) If the Supreme Court accepts review in a proceeding in which an agency's order, rule, ruling, policy, or other action is at issue, the agency may intervene by filing a brief. The brief shall be due on the same date that the respondent's brief on the merits on review is due.(5) If an agency has intervened under this rule, it may move to argue orally before the Supreme Court or Court of Appeals. The motion must be filed at least seven days before the date set for argument.(6) An agency intervening in a proceeding under this rule is a party only in the appellate courts and the agency's party status terminates upon issuance of the appellate judgment. Amended effective 1/1/2021.