3746-5-04 Intervention.

(A) Intervention is discretionary and subject to such terms and conditions as the commission may prescribe. The commission may grant a motion to intervene and designate the intervenor as a party to such an extent, and upon such terms as the commission shall deem. In the discretion of the commission, a person may be denied intervention in a matter in which he could have participated as a party, but failed to do so in a timely manner.

(B) A motion to intervene must set forth the interest of the movant in the proceeding and demonstrate all of the following:

(1) The movant's participation will assist in the determination of the issues in question;

(2) The intervention will not unnecessarily delay the proceeding;

(3) The position of the movant is substantially supporting or not supporting the action or lack of action in the proceeding from which the appeal has been taken so that the commission may designate the movant as an appellant or an appellee; and

(4) The reasons why the movant could not have earlier become a party.

(C) The motion to intervene shall be in substantially the following form:

Motion to Intervene

(1) Movant (name, address and telephone number).

(2) Movant believes he is entitled to intervene in the above-captioned matter for the following reasons: (list reasons) and could not have sooner become a party for the following reasons: (list reasons).

(3) Movant is a person having an interest in the above-captioned matter for the following reasons: (list reasons).

(4) Movant will present the following kinds of evidence at a hearing on the merits of the matter: (describe evidence movant will offer at the time of hearing).

(5) Movant believes that his interest is or may be inadequately represented in the proceeding by the current parties of record because: (list reasons).

(6) The counsel for movant is: (name, address, and telephone number).

(7) Movant hereby certifies that a copy of this motion has been served upon all parties to the above proceeding.

Respectfully submitted, (Movant)

(D) The commission shall notify movant of its decision relative to joinder by certified mail. All other parties shall be notified by regular mail.

Effective: 06/21/2009
R.C. 119.032 review dates: 03/09/2009 and 03/09/2014
Promulgated Under: 111.15
Statutory Authority: 3745.03
Rule Amplifies: 3745.02 - 3745.06
Prior Effective Dates: 10/23/73, 3/9/99, 5/27/04