Section 2.21. Intervention.

 

(1)   Intervention by right. A person whose substantial interests may be affected by the commission's action or inaction in a proceeding shall be admitted as an intervenor.

(2)   Permissive intervention . A person not satisfying the criteria of sub. (1) may nevertheless intervene in a proceeding or docket if the person's participation likely will promote the proper disposition of the issues to be determined in the proceeding or docket and if the person's participation will not impede the timely completion of the proceeding or docket.

(3)   Procedure . A person requesting intervention in a proceeding shall file a request no later than 60 days after the issuance of the notice of proceeding, or within a different time set by the administrative law judge at the final prehearing conference. A person requesting intervention in a docket shall file a request no later than 60 days after the opening of the docket, or within a different time set by the commission at the time it opens the docket.

(4)   Intervention out of time.

(a) If a person fails to request intervention within the time prescribed in sub. (3) , the person must request to intervene out of time. In acting on such a request, the commission or administrative law judge may consider all of the following:

1. Whether the requestor had good cause for failing to file the request within the prescribed time.

2. Whether any disruption of the proceeding or docket may result from permitting intervention.

3. If any prejudice to, or additional burdens upon, the existing parties may result from permitting the intervention.

(b) Except as otherwise ordered, a grant of an untimely request to intervene shall not be a basis for delaying or deferring any procedural schedule established prior to the grant of the request.

(c) The commission or administrative law judge may impose limitations on the participation of a late intervenor to avoid delay and prejudice to the other participants.

(d) Except as otherwise ordered, a late intervenor shall accept the record of the proceeding or docket as the record was developed prior to the late intervention.

CR 00-187 : cr. Register June 2002 No. 558 , eff. 7-1-02.