La. Admin. Code tit. 40, § III-119 - Leave to Intervene Necessary
A.
Persons, other than the original parties to any proceedings, whose interests
are to be directly and immediately affected by the proceedings, shall secure an
order from the board or hearing officer appointed by it granting leave to
intervene before being allowed to participate; provided that the granting of
leave to intervene in any matter or proceeding shall not be construed to be a
finding or determination of the board or hearing officer for purposes of court
review or appeal.
B. Petitions for
leave to intervene must be in writing and must clearly identify the proceeding
in which it is sought to intervene. Such petition must set forth the name and
address of the petitioner and contain a clear and concise statement of the
direct and immediate interest of the petitioner in such proceedings, stating
the manner in which such petitioner will be affected by such proceedings,
outlining the matters and things relied upon by such petitioner as a basis for
his request to intervene in such cause, and, if affirmative relief is sought,
the petition must contain a clear and concise statement of relief sought and
the basis thereof, together with a statement as to the nature and quality of
evidence petitioner will present if such petition is granted.
C. Petitions to intervene and proof of
service of copies thereof on all other parties of record shall be filed not
less than two days prior to the commencement of the hearing. Thereafter, such
petition shall state a substantial reason for such delay; otherwise, such
petition will not be considered.
D.
If a petition to intervene shows direct and immediate interest in the subject
matter of the proceeding or any part thereof and does not unduly broaden the
issues, the board may grant leave to intervene or otherwise appear in the
proceeding with respect to the matters set out in the intervening petition,
subject to such reasonable conditions as may be prescribed. If it appears
during the course of a proceeding that an intervenor has no direct or immediate
interest in the proceeding, and the public interest does not require his
participation therein, the board may dismiss him from the proceeding.
Notes
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