46 C.F.R. § 502.72 Petition for leave to intervene.
Title 46 - Shipping
(a) A petition for leave to intervene may be filed in any proceeding and shall be served on existing parties by the petitioner pursuant to subpart H of this part. An additional fifteen (15) copies of the petition shall be filed with the Secretary for the use of the Commission. Upon request, the Commission will furnish a service list to any member of the public pursuant to part 503 of this chapter. The petition shall set forth the grounds for the proposed intervention and the interest and position of the petitioner in the proceeding and shall comply with the other applicable provisions of subpart H of this part, and if affirmative relief is sought, the basis for such relief. Such petition shall also indicate the nature and extent of the participation sought, e.g., the use of discovery, presentation of evidence and examination of witnesses. (b)(1) Petitions for leave to intervene as a matter of right will only be granted upon a clear and convincing showing that: (i) The petitioner has a substantial interest relating to the matter which is the subject of the proceeding warranting intervention; and (ii) The proceeding may, as a practical matter, materially affect the petitioner's interest; and (iii) The interest is not adequately represented by existing parties to the proceeding. (2) Petitions for intervention as a matter of Commission discretion may be granted only upon a showing that: (i) A common issue of law or fact exists between the petitioner's interests and the subject matter of the proceeding; and (ii) Petitioner's intervention will not unduly delay or broaden the scope of the proceeding, prejudice the adjudication of the rights of or be duplicative of positions of any existing party; and (iii) The petitioner's participation may reasonably be expected to assist in the development of a sound record. (3) The timeliness of the petition will also be considered in determining whether a petition will be granted under paragraphs (b)(1) or (b)(2) of this section. If filed after hearings have been closed, a petition will not ordinarily be granted. (c) In the interests of: (1) Restricting irrelevant, duplicative, or repetitive discovery, evidence or arguments; (2) having common interests represented by a spokesperson; and (3) retaining authority to determine priorities and control the course of the proceeding, the presiding officer, in his or her discretion, may impose reasonable limitations on an intervenor's participation, e.g., the filing of briefs, presentation of evidence on selected factual issues, or oral argument on some or all of the issues. (d) Absent good cause shown, any intervenor desiring to utilize the procedures provided by subpart L must commence doing so no later than fifteen (15) days after its petition for leave to intervene has been granted. If the petition is filed later than thirty (30) days after the date of publication in the (e) If intervention is granted before or at a prehearing conference convened for the purpose of considering matters relating to discovery, the intervenor's discovery matters may also be considered at that time, and may be limited under the provisions of paragraph (c) of this section. (f) A form of petition for leave to intervene is set forth in Exhibit No. 3 to this subpart. [Rule 72.] [49 FR 44369, Nov. 6, 1984, as amended at 52 FR 4143, Feb. 10, 1987]
Title 46: Shipping
PART 502—RULES OF PRACTICE AND PROCEDURE
Subpart E—Proceedings; Pleadings; Motions; Replies
§ 502.72 Petition for leave to intervene.
