(1)  Any person not a party may file a signed, written petition to intervene in a formal adjudicative proceeding with the agency. The person who wishes to intervene shall mail a copy of the petition to each party. The petition shall include:

Terms Used In Utah Code 63G-4-207

  • Adjudicative proceeding: means an agency action or proceeding described in Section 63G-4-102. See Utah Code 63G-4-103
  • Agency: means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63G-4-103
  • Party: means the agency or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding. See Utah Code 63G-4-103
  • Person: means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or another agency. See Utah Code 63G-4-103
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Presiding officer: means an agency head, or an individual or body of individuals designated by the agency head, by the agency's rules, or by statute to conduct an adjudicative proceeding. See Utah Code 63G-4-103
  • Writing: includes :Utah Code 68-3-12.5
(a)  the agency’s file number or other reference number;

(b)  the name of the proceeding;

(c)  a statement of facts demonstrating that the petitioner’s legal rights or interests are substantially affected by the formal adjudicative proceeding, or that the petitioner qualifies as an intervenor under any provision of law; and

(d)  a statement of the relief that the petitioner seeks from the agency.

(2)  The presiding officer shall grant a petition for intervention if the presiding officer determines that:

(a)  the petitioner’s legal interests may be substantially affected by the formal adjudicative proceeding; and

(b)  the interests of justice and the orderly and prompt conduct of the adjudicative proceedings will not be materially impaired by allowing the intervention.

(3) 

(a)  Any order granting or denying a petition to intervene shall be in writing and mailed to the petitioner and each party.

(b)  An order permitting intervention may impose conditions on the intervenor’s participation in the adjudicative proceeding that are necessary for a just, orderly, and prompt conduct of the adjudicative proceeding.

(c)  The presiding officer may impose the conditions at any time after the intervention.

Renumbered and Amended by Chapter 382, 2008 General Session

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