250 Neb. Admin. Code, ch. 3, § 015

Current through September 17, 2024

Section 250-3-015 - INTERVENTION

015.01Petitions for Intervention.

Petitions for Intervention must comply with the following requirements:

015.01AForm. The petition must:

015.01A1 be in a legible form showing the caption, Before the Director of the Department of Motor Vehicles, and entitled as Petition for Intervention;

015.01A2 specify intervenor's legal rights, duties, privileges, immunities, or other legal interests justifying their participation in any proceeding in which intervention is sought;

015.01A3 state the names of the interested parties likely to be affected by the intervenor's petition;

015.01A4 state sufficient facts upon which the Director or hearing officer can rely to render a well-reasoned decision; and

015.01A5 be subscribed by the intervenor or by a duly authorized officer of the intervenor, if the intervenor is a corporation, organization, other legal entity, or the attorney for the intervenor. The petition must include the attorney's name, bar number, address and telephone number.

015.01BFiling Petition. The petition must be filed with the Department, with copies of the Petition for Intervention received by all parties named in the notice of hearing, at least five (5) days before a hearing.

015.01CConsideration of a Petition. Petitions for Intervention will ordinarily be considered solely on the face of the petition and without hearing.

015.02Mandatory Vs. Discretionary Intervention.

There shall be mandatory and discretionary intervention as set forth below:

015.02AMandatory Intervention. The Director shall grant a Petition for Intervention if all of the following occurs:

015.02A1 The petition is submitted in writing to the Director, with copies mailed to all parties named in the notice of the hearing, at least five (5) days before the hearing;

015.02A2 The petition states 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 the provision of law; and

015.02A3 The Director or hearing officer determines that the interest of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.

015.02BDiscretionary Intervention. 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.

015.03Conditions and Privileges of Intervention.

015.03AConditions. When granting a Petition for Intervention, the Director or hearing officer may impose conditions upon the intervenor's participation in the proceedings, either at the time intervention is allowed, or at any subsequent time. Conditions may include: Limiting the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the petition; limiting the intervenor's use of discovery, cross-examination, and other procedures so as to promote the orderly and prompt conduct of the proceedings; and requiring two (2) or more intervenors to combine their presentation of evidence and argument, cross-examination, discovery, and other participation in a proceeding.

015.03BPrivileges. Unless the order granting a Petition for Intervention limits an intervenor's participation with condition, intervenors will be permitted to participate in any proceeding as if they were an original party.

015.04Orders.

The Director or hearing officer shall issue an order granting or denying each pending Petition for Intervention at least twenty-four (24) hours before a hearing. The order shall specify any conditions imposed on the intervenor's participation, and shall state the reasons for the decision. The Director or hearing officer may modify an order granting or denying a Petition for Intervention at any time, and the order of modification shall state the reasons for modification.

015.05Appeal.

Appeals of any order granting, denying, or modifying a Petition for Intervention or imposing limitations on an intervenor by condition shall be made in accordance with the Administrative Procedure Act.

250 Neb. Admin. Code, ch. 3, § 015