3745-47-15 Intervention.

(A) Any person may file a motion for leave to intervene in an adjudication hearing conducted under Chapter 3745-47 of the Administrative Code. A motion shall set forth the grounds for the proposed intervention and the position and interest of the movant in the proceedings. A motion shall be accompanied by a pleading setting forth the matter for which intervention is sought. The movant shall serve a copy of the motion and pleading upon the parties as provided in rule 3745-47-17 of the Administrative Code.

(B) A motion for leave to intervene in a hearing must ordinarily be filed prior to the commencement of the first prehearing conference, or, if no prehearing conference is held, fifteen days prior to commencement of the hearing. Any motion filed after that time must contain, in addition to the information set forth in paragraph (A) of this rule, a statement of good cause for the failure to timely file the motion and shall be granted only upon a finding:

(1) That extraordinary circumstances justify the granting of the motion; or

(2) That the intervenor shall be bound by agreements, arrangements, and other matters previously made in the proceedings.

(C) Leave to intervene may be granted by the hearing examiner upon consideration of the following factors, where relevant:

(1) The nature and extent of the movant’s interest in the subject matter of the hearing and the degree to which the disposition of the hearing may as a practical matter impair or impede his ability to protect that interest;

(2) The adequacy of the representation of the movant’s interest by existing parties;

(3) The relationship of the movant’s interest to the subject matter of the hearing;

(4) The avoidance of multiplicity of suits;

(5) Whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties;

(6) The contribution the movant may make to the just determination of the issues.

(D) In any hearing in which intervention is granted under this rule, the hearing examiner, in the interest of just and expeditious adjudication, may impose reasonable conditions or restrictions on the extent of the intervenor’s participation in the proceedings.

HISTORY: Eff 7-5-73; 6-30-81

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC Chapter 119., Chapter 3745.

119.032 Review Date: 5-25-03