NAC354.902. Interveners.  


Latest version.
  •      1. A person or local government, other than an original party to a proceeding, who is directly and substantially affected by the proceeding and wishes to participate in the proceeding must secure an order from the Committee, Director or hearing officer granting leave to intervene before being allowed to participate. The granting of leave to intervene in any proceeding is not a finding or determination of the Committee, Director or hearing officer that the party will or may be a party aggrieved by any ruling or decision of the Committee or the hearing officer for the purposes of any review or appeal.

         2. A petition for leave to intervene must:

         (a) Be in writing;

         (b) Clearly identify the proceeding in which intervention is sought;

         (c) Set forth the name and address of the petitioner;

         (d) Contain a clear and concise statement of the direct and substantial interest of the petitioner in the proceeding, stating the manner in which the petitioner will be affected by the proceeding and the matters relied upon by the petitioner as a basis for the request to intervene; and

         (e) If the petitioner is seeking affirmative relief, 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 petitioner will present if the petition is granted.

         3. A petition for leave to intervene must not be considered unless the petitioner:

         (a) Files the petition and proof of service of copies of the petition on all other parties of record not less than 15 days before the commencement of the hearing; or

         (b) States a substantial reason for the delay.

         4. If a petition for leave to intervene shows a direct and substantial interest in the subject matter of the proceeding or any part thereof and does not unduly broaden the issues, the Committee, Director or hearing officer may grant leave to intervene or otherwise appear in the proceeding with respect to the matters set out in the petition, subject to such reasonable conditions as 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 the intervener’s participation in the proceeding, the Committee may dismiss the intervener from the proceeding.

     (Added to NAC by Com. on Local Gov’t Finance by R042-09, eff. 6-30-2010)