NAC361.692. Interveners.

     1. A person, government, governmental agency or political subdivision of a government, other than an original party to any proceeding, who is directly and substantially affected by the proceeding must secure an order from the Secretary or the State Board granting leave to intervene before being allowed to participate. For the purposes of review by a court or an appeal, leave to intervene in any matter or proceeding is not a finding or determination of the Secretary or the State Board that the party will or may be a party aggrieved by any ruling, order or decision.

     2. A petition for leave to intervene must be in writing and clearly identify the proceeding in which intervention is sought. The petition must include all the information required of a petition for a direct appeal pursuant to NAC 361.7012 and contain a clear and concise statement of the direct and substantial interest of the intervener in the proceeding, stating the manner in which the intervener will be affected by the proceeding and outlining the matters relied upon by him or her as a basis for the petition for leave to intervene. If affirmative relief is sought, the petition must contain a clear and concise statement of the relief sought and the basis for that relief, together with a statement as to the nature and quantity of evidence the intervener will present if his or her petition is granted.

     3. A petition for leave to intervene must be filed with the Secretary and served on each party of record not less than 15 days before the date set for the commencement of the hearing.

     4. If a petition for leave to intervene shows a direct and substantial interest in the subject matter of the proceeding or any part of the proceeding and does not unduly broaden the issues, the Secretary or the State Board may grant leave to intervene or otherwise appear and participate in the proceeding with respect to the matters set forth in the petition, subject to any reasonable conditions that may be prescribed.

     5. If it appears during the course of a proceeding that an intervener has no direct or substantial interest in the proceeding, and that the public interest does not require his or her participation in the proceeding, the State Board may dismiss the intervener from the proceeding.

     [St. Bd. of Equalization, Practice Rules 43-46, eff. 10-14-77]—(NAC A by R018-97, 12-19-97; R029-05, 6-28-2006)