Current through 2024-49, December 4, 2024
Section 001-1-8 - Intervention; Pre Filed TestimonyA. Upon application in accordance with the time limits specified in the notice of the hearing, the presiding officer may designate intervenors in any hearing which is the subject of these rules of procedure.B. Intervenors may include organizations and agencies of federal, state or local government and shall, upon proper application, include registrants.C. The presiding officer shall allow to intervene any person who shows that he/she is or may be, or is a member of a class which is or may be, substantially and directly affected by the proceeding and possesses an ability to participate actively and fully in the proceedings in accordance with subsection F hereof.D. The presiding officer may also allow any other interested person to intervene or participate as a full or limited party to the proceeding. This subsection shall not be construed to limit public participation in the proceeding in any other capacity.E. Where appropriate, the presiding officer may require consolidation of presentations of evidence, cross-examination and argument by members of the class entitled to Intervene under subsection B & C, or by persons allowed to intervene under subsection D hereof. In determining that any party shall be required to consolidate its presentation, cross-examination and argument, the presiding officer shall consider the number of parties, the interests of each party, whether they propose to offer testimony or participate only by cross-examination, and the nature and extent of their proposed testimony. No party shall be required to consolidate where it is clear that the party will, as a consequence of the consolidation, be unable to make an adequate presentation of that person's position.F. All persons designated as intervenors shall be required to:1. Prepare or present any and all direct testimony and evidence in writing in advance of the time when the testimony is to be given, at the time specified in the notice of the hearing.2. File with the Commissioner and the Board, ten copies of each written document presented to the Board and Commission and serve one copy of any written document presented to the Commission and the Board on all other designated intervenors.