28.02.01.15

.15 Intervention.

A. Upon motion filed not later than 15 days before the earlier of the prehearing conference or the hearing date, a person may be permitted to intervene in an action when the person:

(1) Has an unconditional right to intervene as a matter of law; or

(2) Claims an interest relating to the subject matter of the hearing that is:

(a) Adversely affected; and

(b) Not adequately represented by existing parties.

B. The motion shall state the grounds for the motion, accompanied by a statement setting forth the claim or defense for which intervention is sought.

C. Order of Intervention.

(1) The ALJ shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

(2) As soon as practicable, the ALJ shall issue an order denying or allowing intervention.

(3) In an order allowing intervention, the ALJ may place conditions upon the intervenor’s participation in the proceedings.

D. Appeal.

(1) If the ALJ is not the final decision maker, the denial of a motion to intervene may be appealed to the final decision maker in accordance with the agency’s regulations.

(2) When the ALJ is the final decision maker, a party or other affected person may seek judicial review of the denial of a motion to intervene in accordance with law.

(3) In the discretion of the ALJ, a request for further review of the denial of a motion to intervene may stay the proceedings.