Idaho Admin. Code r. 36.01.01.085 - INTERVENTION

01. Intervention of Right. Upon written application received fifteen (15) days prior to the hearing of an appeal, anyone shall be permitted to intervene in an appeal when the applicant demonstrates in writing an interest relating to the property or transaction which is the subject of the action that is not adequately represented by existing parties;

a. The Idaho State Tax Commission may intervene as a matter of right.

02. Permissive Intervention. Upon written application received at least fifteen (15) days prior to the hearing of an appeal a person may be permitted to intervene:

a. In an appeal brought under Section 63-511, Idaho Code, when an applicant can show in writing that he is a person aggrieved by the BOE decision;

b. When an applicant's claim or defense and the main action have a question of law or fact in common; or

c. When a party to an action relies for ground of claim or defense upon any statute or executive order administered by a federal or a state governmental officer or agency or upon any regulation, order, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency may be permitted to intervene in the action.

d. The Board may deny or conditionally grant a petition to intervene for untimely filing that fails to state good cause for the late filing, to prevent disruption or undue delay, due to prejudice to existing parties or undue broadening of the issues, or for other reasons. An intervener who does not file a timely petition is bound by orders and notices earlier entered as a condition of granting the untimely petition.

Notes

Idaho Admin. Code r. 36.01.01.085

Effective July 1, 2024