N.H. Admin. Code § Int 209.05

Current through Register No. 45, November 7, 2024

Section Int 209.05 - Intervention

(a) Complainants and other non-parties may file a motion with the presiding officer for intervention in an adjudicative proceeding.

(b) The motion to intervene shall:

(1) Be in writing or alternative format pursuant to Int 205.02 and include the following:

a.A statement of facts demonstrating that the movant's rights, duties, privileges, immunities or other substantial interests might be affected by the proceeding or that the movant qualifies as an intervener under any provision of law;

b.Whether the movant appears in support of the complainant or the respondent, as well as for his or her own interest;

c.Why the interests of the parties and the orderly and prompt conduct of the hearing would not be impaired; and

d.Any other reasons why the movant should be permitted to intervene; and

(2) Be mailed to all parties.

(c) The presiding officer shall grant the motion for intervention if he or she determines that interests of justice and the orderly and prompt conduct of the proceedings would not be impaired by allowing the intervention.

(d) If a petitioner qualifies for intervention, the presiding officer may impose conditions upon the intervener's participation in the proceedings, either at the time that intervention is granted or at any subsequent time.

(e) Such conditions may include, but are not limited to:

(1) Limitation of the intervener's participation to designated issues in which the intervener has a particular interest demonstrated by the petition;

(2) Limitation of the intervener's use of cross-examination and other procedures so as to promote the orderly and prompt conduct of the proceedings; and

(3) Requiring 2 or more interveners to combine their presentations of evidence and argument, cross-examination, and other participation in the proceedings.

(f) Limitations shall not be so extensive as to prevent the intervener from protection the interest which formed the basis of the intervention.

(g) The presiding officer shall render an order granting or denying each petition for intervention, specifying any conditions and briefly stating the reasons for the order. The presiding office may modify the order at any time, stating the reasons for the modification.

(h) Once granted leave to intervene, an intervener shall participate in the adjudicative proceeding subject to any limitations imposed by the presiding officer.

N.H. Admin. Code § Int 209.05

#10040-A, eff 12-16-11 (from Int 210.08); ss by #10359, eff 6-14-13