§ 11440.50. — 11440.50. (Added by Stats. 1995, Ch. 938, Sec. 21.)

California § 11440.50.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.
• Title 2.: DIVISION 3. EXECUTIVE DEPARTMENT
• Part 1.: PART 1. STATE DEPARTMENTS AND AGENCIES
• Ch. 4.5.: CHAPTER 4.5. Administrative Adjudication: General Provisions
• Art. 9.: ARTICLE 9. General Procedural Provisions

Text

(a)
This section applies in adjudicative proceedings of an agency if the agency by regulation provides that this section is applicable in the proceedings.
(b)
The presiding officer shall grant a motion for intervention if all of the following conditions are satisfied:
(1)
The motion is submitted in writing, with copies served on all parties named in
the agency’s pleading.
(2)
The motion is made as early as practicable in advance of the hearing. If there is a prehearing conference, the motion shall be made in advance of the prehearing conference and shall be resolved at the prehearing conference.
(3)
The motion states facts demonstrating that the applicant’s legal rights, duties, privileges, or immunities will be substantially affected by the proceeding or that the applicant qualifies as an intervenor under a statute or regulation.
(4)
The presiding officer determines that the interests of justice and the orderly and prompt conduct of the proceeding will not be impaired by allowing the intervention.
(c)
If an applicant qualifies for intervention, the presiding officer may impose conditions on the
intervenor’s participation in the proceeding, either at the time that intervention is granted or at a subsequent time. Conditions may include the following:
(1)
Limiting the intervenor’s participation to designated issues in which the intervenor has a particular interest demonstrated by the motion.
(2)
Limiting or excluding the use of discovery, cross-examination, and other procedures involving the intervenor so as to promote the orderly and prompt conduct of the proceeding.
(3)
Requiring two or more intervenors to combine their presentations of evidence and argument, cross-examination, discovery, and other participation in the proceeding.
(4)
Limiting or excluding the intervenor’s participation in settlement negotiations.
(d)
As early as practicable in advance of the hearing the presiding officer shall issue an order granting or denying the motion for intervention, specifying any conditions, and briefly stating the reasons for the order. The presiding officer may modify the order at any time, stating the reasons for the modification. The presiding officer shall promptly give notice of an order granting, denying, or modifying intervention to the applicant and to all parties.
(e)
Whether the interests of justice and the orderly and prompt conduct of the proceedings will be impaired by allowing intervention is a determination to be made in the sole discretion, and based on the knowledge and judgment at that time, of the presiding officer. The determination is not subject to administrative or judicial review.
(f)
Nothing in this section
precludes an agency from adopting a regulation that permits participation by a person short of intervention as a party, subject to Article 7 (commencing with Section 11430.10) of Chapter 4.5.

Legislative History

Added by Stats. 1995, Ch. 938, Sec. 21. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938 and Section 11400.10.