Ohio Code 4903.221 – Intervention by party who may be adversely affected by commission proceeding
Any other person who may be adversely affected by a public utilities commission proceeding may intervene in such proceeding, provided:
Terms Used In Ohio Code 4903.221
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(A) That such other person files a motion to intervene with the commission no later than:
(1) Any specific deadline established by order of the commission for purposes of a particular proceeding; or, if no such deadline is established;
(2) Five days prior to the scheduled date of hearing.
The public utilities commission may, in its discretion, grant motions to intervene which are filed after the deadlines set forth in divisions (A)(1) and (2) of this section for good cause shown.
(B) That the commission, in ruling upon applications to intervene in its proceedings, shall consider the following criteria:
(1) The nature and extent of the prospective intervenor’s interest;
(2) The legal position advanced by the prospective intervenor and its probable relation to the merits of the case;
(3) Whether the intervention by the prospective intervenor will unduly prolong or delay the proceedings;
(4) Whether the prospective intervenor will significantly contribute to full development and equitable resolution of the factual issues.