1 CSR 15-3.390 - Intervention

PURPOSE: This amendment makes the commission's filing requirements for intervention more consistent with procedure in the circuit courts.

(1) The commission may permit any person to intervene if the person-

(A) Files a motion for intervention within such time as not to delay unduly the hearing on the complaint; and

(B) Has an interest in the action which is different from the general public interest and which cannot be represented adequately by the parties.

(2) A motion to intervene shall-

(A) Be in writing;

(B) Be served on all the parties;

(B) (C) Set forth facts showing that the person is entitled, or should be permitted, to intervene;

(C) (D) Be signed by the person or the person's attorney;

(D) (E) Be accompanied by a pleading that sets forth the relief, claim, or defense for which intervention is sought.

(3) The commission's order, ruling on the motion to intervene, shall set the date on which intervenor's pleading is filed.

(4) When the commission grants a motion to intervene as petitioner, a responsive pleading to the intervenor-petitioner's complaint shall be due thirty (30) days after the date on which such intervenor-peti-tioner's complaint is filed, as set by the commission's order. A responsive pleading to the intervenor-petitioner's complaint shall be otherwise governed by rule 1 CSR 15-3.380.

Notes

1 CSR 15-3.390

AUTHORITY: section 621.035, RSMo 2000 and section 621.198, RSMo Supp. 2007.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed June 3, 2002, effective Nov. 30, 2002. Amended: Filed May 30, 2006, effective Nov. 30, 2006. Amended: Filed July 2, 2008, effective Jan. 1, 2009. Amended by Missouri Register February 15, 2017/Volume 42, Number 04, effective 3/31/2017

*Original authority: 621.035, RSMo 1978 and 621.198, RSMo 1965, amended 1978, 2001.