38.2.2405    DISPOSITION OF PETITIONS AND MOTIONS TO INTERVENE

(1) Petitions and motions to intervene not already allowed shall be considered first at all hearings, or may be acted upon prior to hearing, and an opportunity shall be afforded the original parties to be heard thereon. If it appears, after consideration, that the petition or motion discloses a substantial interest in the subject matter of the hearing, that participation of the petitioner will be in the public interest, or that the granting of the petition would not unduly broaden the issues in the proceeding, the commission may grant the same, which may be done by order or oral ruling at the time of the hearing. Thereafter, such petitioner shall become a party to the proceeding and shall be known as an "intervenor" with the same rights and responsibilities as other parties to the proceeding. Whenever it appears, during the course of a proceeding, that an intervenor has no substantial interest in the proceeding, and that the public interest will not be served by that party's intervention therein, the commission may dismiss that party from the proceeding; provided, however, that a party whose intervention has been allowed shall not be dismissed from a proceeding except upon notice and a reasonable opportunity to be heard.

History: 69-3-103, 69-2-101, 69-12-201(2) and 69-1-110(3), MCA; IMP, 69-2-101, MCA; NEW, 1977 MAR p. 1200, Eff. 12/24/77.