Or. Admin. R. 350-060-0160 - Intervention
(1) Standing to
Intervene: Any person who appeared before the county may intervene in a review
proceeding before the Commission. An intervenor shall be entitled to receipt of
all matters requiring service upon the parties beginning on the date the motion
to intervene is filed, regardless of whether an objection is filed.
(2) If the county review process is not open
to persons adversely affected or aggrieved, any person adversely affected or
aggrieved may intervene in a review proceeding before the Commission.
(3) Motion to Intervene: In the interests of
promoting timely resolution of appeals, a motion to intervene shall be filed at
the Commission office and served within 14 days after the Notice of Appeal is
filed. The motion shall be served on all parties to the appeal and, if known,
any person who has submitted a motion to intervene as of the date of the
motion; the motion need not be served on all persons that the appellant served
with the Notice of Hearing. The motion to intervene (exhibit 3) shall:
(a) State whether the party is intervening on
the side of the appellant or the respondent;
(b) State the facts which show the party is
entitled to intervene, supporting the statement with affidavits, citations to
the record or other proof;
(c)
Include a brief "Intervenor's ADR Statement" stating whether the proposed
intervenor is willing to attempt to resolve the case through alternative
dispute resolution means. This statement shall not be used to argue merits of
the appeal;
(d) Include a brief
statement about whether the proposed intervenor is willing to consider a
shortened record in accordance with 350-60-060(f); and
(e) If applicable, a statement opting out of
email service (note that a party must affirmatively opt out of email
service).
(4) Objections
to a motion to intervene shall be filed and served within 7 days of the
motion.
(5) The intervenor shall be
entitled to participate in developing the record, including shortening the
record and filing objections to the record.
(6) The Chair of the Commission may conduct a
telephone conference with the parties to consider an objection to a motion to
intervene.
(7) The Chair of the
Commission shall issue a written decision on the motion to intervene, which
shall be served on all the parties. The Chair of the Commission shall not
consider the ADR statement for the purpose of deciding whether to grant the
motion to intervene.
(8)
Intervenor's Brief:
(a) If intervention is
sought as an appellant, the brief shall be filed and served within the time
limit for filing the Appellant's Brief, and shall satisfy the requirements for
the Appellant's Brief in 350-60-080.
(b) If intervention is sought as a
respondent, the brief shall be filed and served within the time for filing a
respondent's brief and shall satisfy the requirements for a respondent's brief
in 350-60-100.
Notes
Exhibits referenced are available from the agency.
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