§ 4-21.5-3-21 — Petition for intervention

Indiana § 4-21.5-3-21

• Jurisdiction: Indiana
• Art. 21.5: ADMINISTRATIVE ORDERS AND
• Ch. 3: Adjudicative Proceedings

Text

(a) Before the beginning of the hearing on
the subject of the proceeding, the administrative law judge shall grant
a petition for intervention in a proceeding and identify the petitioner in
the record of the proceeding as a party if:
(1) the petition:
(A) is submitted in writing to the administrative law judge, with
copies mailed to all parties named in the record of the
proceeding; and
(B) states facts demonstrating that a statute gives the petitioner
an unconditional right to intervene in the proceeding; or
(2) the petition:
(A) is submitted in writing to the administrative law judge, with
copies mailed to all parties named in the record of the
proceeding, at least three (3) days before the hearing; and
(B) states facts demonstrating that the petitioner is aggrieved or
adversely affected by the order or a statute gives the petitioner
a conditional right to intervene in the proceeding.
(b) The administrative law judge, at least twenty-four (24) hours
before the beginning of the hearing, shall issue an order granting or
denying each pending petition for intervention.
(c) After the beginning of the hearing on the subject of the
proceeding, but before the close of evidence in the hearing, anyone
may be permitted to intervene in the proceeding if:
(1) a statute confers a conditional right to intervene or an
applicant's claim or defense and the main action have a question
of law or fact in common; and
(2) the administrative law judge determines that the interests of
justice and the orderly and prompt conduct of the proceedings
will not be impaired by allowing the intervention.
In exercising its discretion, the administrative law judge shall consider
whether the intervention will unduly delay or prejudice the
adjudication of the legal interests of any of the parties.
(d) An order granting or denying a petition for intervention must
specify any condition and briefly state the reasons for the order. The
administrative law judge may modify the order at any time, stating the
reasons for the modification. The administrative law judge shall
promptly give notice of an order granting, denying, or modifying
intervention to the petitioner for intervention and to all parties.

Legislative History

As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.12.