NAC706.3966. Pleadings: Contents of petition to intervene; circumstances under which petitioner has direct and substantial interest in proceeding.

     1. A petition for leave to intervene must be in writing and set forth the following:

     (a) The title and docket number of the proceeding in which leave to intervene is sought.

     (b) The name and address of the petitioner and, if represented, the name, address and telephone number of his or her attorney or other authorized representative.

     (c) A clear and concise statement of the direct and substantial interest of the petitioner in each statutory element at issue before the Authority in the proceeding in which the petitioner seeks to participate, which must include, without limitation:

          (1) A description of the manner in which the petitioner may be unreasonably and adversely affected by the proceeding;

          (2) If applicable, a description of the manner in which a matter relating to the proceeding may be inconsistent with the provisions of NRS 706.151;

          (3) A description of the manner in which the petitioner will be prejudiced by the denial of his or her petition to intervene; and

          (4) If applicable, citations to relevant statutory and regulatory provisions that the petitioner believes are not being complied with or are being violated.

     (d) If affirmative relief is sought, a description of the desired relief and the basis for that relief.

     2. In a proceeding that is related to an application for a certificate of public convenience and necessity pursuant to NAC 706.1375, if a petitioner alleges that the granting of the certificate to the applicant would:

     (a) Tend to increase or create competition or create some other effect that may be detrimental to the traveling and shipping public or the motor carrier business within this State, in contravention of the principle set forth in:

          (1) Paragraph (e) of subsection 1 of NRS 706.151; and

          (2) Paragraph (d) of subsection 2 of NRS 706.391; or

     (b) Unreasonably and adversely affect other carriers operating in the territory for which the certificate is sought, in contravention of the principle set forth in paragraph (c) of subsection 2 of NRS 706.391,

Ê the petitioner shall be deemed to have a direct and substantial interest in the proceeding if the petitioner demonstrates that he or she is authorized to provide the same type of service within the same territory as that which the applicant for the certificate proposes to provide.

     (Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)