Nevada Administrative Code (Last Updated: January 6, 2015) |
Chapter445B Air Controls |
PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION |
NAC445B.8915. Intervention in certain proceedings.
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1. A person, other than a party to a proceeding, who believes that he or she may be directly and substantially affected by the proceeding may request an order to intervene in the proceeding by filing a written petition for leave to intervene with the Commission.
2. Except as otherwise provided in this subsection, a petition for leave to intervene must be filed with the Commission not later than 10 calendar days after the notice of appeal related to the proceeding in which the intervention is sought is filed with the Commission pursuant to the provisions of NRS 445B.340. The petitioner shall serve a notice of a petition for leave to intervene upon each party to the proceeding. A party may file a response to the petition within 5 calendar days after receipt of the petition. If a petitioner files a petition for leave to intervene with the Commission after the period prescribed in this subsection, the petition must set forth the reason for the delay in filing the petition. The petition for leave to intervene must:
(a) Identify the proceeding in which the petitioner requests leave to intervene;
(b) Set forth the name and address of the petitioner and, if the petitioner is represented by an attorney or other authorized person, the name, address and telephone number of the attorney or other authorized person;
(c) Contain a clear and concise statement of the direct and substantial interest of the petitioner in the proceeding;
(d) Set forth the manner in which the petitioner will be affected by the proceeding; and
(e) Include a statement indicating whether or not the petitioner intends to present evidence in the proceeding.
3. If a petition for leave to intervene demonstrates a direct and substantial interest in the subject matter of the proceeding or any part of the proceeding and does not unreasonably broaden the issues or prejudice any party to the proceeding, the Commission may grant leave to intervene or otherwise appear and participate in the proceeding with respect to the matters set forth in the petition.
4. If it appears during a proceeding that an intervener has no direct or substantial interest in the proceeding or that the public interest does not require the intervener’s participation in the proceeding, the Commission may dismiss the intervener from the proceeding.
(Added to NAC by Environmental Comm’n by R227-03, eff. 4-20-2004)