1 Pa. Code § 35.31. Notice and action on petitions to intervene.

§ 35.31. Notice and action on petitions to intervene.

(a)  Notice and service. Petitions to intervene, when tendered to an agency for filing, shall show service thereof upon participants to the proceeding in conformity with §  33.32 (relating to service by a participant).
(b)  Action on petitions. As soon as practicable after the expiration of the time for filing answers to the petitions or default thereof, as provided in §  35.36 (relating to answers to petitions to intervene), the agency will grant or deny the petition in whole or in part or may, if found to be appropriate, authorize limited participation. No petitions to intervene may be filed or will be acted upon during a hearing unless permitted by the agency after opportunity for all parties to object thereto. Only to avoid detriment to the public interest will any presiding officer tentatively permit participation in a hearing in advance of, and then only subject to, the granting by the agency of a petition to intervene.

Notes of Decisions

   If a party who has been granted intervener status actually presents evidence during the course of an administrative hearing, the only way for that intervener to withdraw its appearance would be by leave of the presiding officers. Pennsylvania Association of Home Health Agencies v. Insurance Department, 547 A.2d 824 (Pa. Cmwlth. 1988).

Cross References

   This section cited in 1 Pa. Code §  31.3 (relating to definitions); 7 Pa. Code §  131.11 (relating to time); 7 Pa. Code §  131.14 (relating to interveners); 7 Pa. Code §  179.17 (relating to intervention); 25 Pa. Code §  1021.81 (relating to intervention); 28 Pa. Code §  301.7 (relating to fair hearing); 34 Pa. Code §  131.32 (relating to petitions except petitions for joinder and challenge proceedings); 40 Pa. Code §  17.13 (relating to protests/intervention procedure); 49 Pa. Code §  19.33 (relating to intervention); 49 Pa. Code §  31.103 (relating to applicability of other laws and rules); 49 Pa. Code §  31.115 (relating to disciplinary sanctions); 52 Pa. Code §  5.75 (relating to notice, service and action on petitions to intervene); 52 Pa. Code §  1005.35 (relating to notice, service and action on petitions to intervene); 58 Pa. Code §  493a.12 (relating to intervention); 61 Pa. Code §  703.2 (relating to petition content); 67 Pa. Code §  441.3 (relating to permit application procedure); and 67 Pa. Code §  491.6 (relating to notice and conduct of hearing).

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