Section 49-4-006 - INTERVENTION IN A CONTESTED CASE006.01 Intervention in a contested case shall be allowed when the following requirements are met: 006.01A A petition for intervention must be submitted in writing to the Department at least five days before the hearing. Copies must be mailed by the petitioner for intervention to all parties named in the notice of the hearing. Such petition shall comply with the general provisions relating to pleadings set forth in Section 005.03 of this Rule.006.01B The petition must state facts demonstrating that the petitioner's legal rights, duties, privileges, immunities, or other legal interests may be substantially affected by the proceeding or that the petitioner qualifies as an intervenor under any provision of law, state with particularity the position of the petitioner for intervention on the matters to be considered at the hearing, and identify any other person whom the petitioner for intervention represents.006.01C The hearing officer or Director must determine that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.006.02 The Director or hearing officer may grant a petition for intervention at any time upon determining that the intervention sought is in the interests of justice and will not impair the orderly and prompt conduct of the proceedings.006.03 If a petitioner qualifies for intervention, the hearing officer or Director may impose conditions upon the intervener's participation in the proceedings, either at the time that intervention is granted or at any subsequent time. Those conditions may include, but are not limited to:006.03A Limiting the intervener's participation to designated issues in which the intervenor has a particular interest demonstrated by the petition;006.03B Limiting the intervener's use of discovery, cross-examination, and other procedures so as to promote the orderly and prompt conduct of the proceedings; and006.03C Requiring two or more intervenors to combine their presentation of evidence and argument, cross-examination, discovery, and other participation in the proceedings.006.04 The Director or hearing officer, at least 24 hours before the hearing, shall issue an order granting or denying each pending petition for intervention, specifying any conditions and briefly stating the reasons for the order.006.04A The Director or hearing officer may modify the order at any time, stating the reasons for the modification.006.04B The Director or hearing officer shall promptly give notice of an order granting, denying, or modifying intervention to the petitioner for intervention and to all parties.006.05 The Director or hearing officer may grant a petition for intervention filed less than five days prior to the hearing, under the following conditions: 006.05A The Director or hearing officer finds that extraordinary circumstances justify granting the petition.006.05B The petitioner agrees to be bound by all agreements, arrangements and other matters previously made in the proceedings.006.05C The petition for intervention raises issues which are pertinent to, but which do not unreasonably broaden, the issues already presented in the matter.006.05D No party to the contested case will be unfairly prejudiced by the granting of the intervention.006.06 Non-Party Participants at Hearings006.06A Any person who does not wish to be made a party or is otherwise not admitted as a party to a hearing and who desires to make an oral statement at the hearing may be permitted to do so provided that he or she: 006.06A1 Appears for himself or herself, or as a spokesperson for other interested people;006.06A2 Is first duly sworn, the same as a regular witness; and006.06A3 Is subject to examination by the formal parties to the hearing.006.06B The Director or hearing officer shall determine when the non-party participant will be allowed to present his or her statement during the hearing and may set a limit on the length of such statement.006.06C The Director or hearing officer shall have full discretion in determining the relevancy and materiality of such testimony.006.06D At the conclusion of the case, the Director or hearing officer shall give such credence to testimony of non-party participants as he or she in his or her discretion determines warranted, considering all other evidence formally presented.49 Neb. Admin. Code, ch. 4, § 006