Section 560IAC2-3-10. Intervention, requisites, rulings, and motions to intervene

   (a) Petition for intervention. Before the beginning of the hearing on the subject of the proceeding, the hearing examiner shall grant a petition for intervention in a proceeding and identify the petitioner in the record of the proceeding as a party if:

(1) the petition:

(A) is submitted in writing to the hearing examiner with copies mailed to all parties named in the record of the proceeding; and

(B) states facts demonstrating that a statute gives the petitioner an unconditional right to intervene in the proceeding; or

(2) the petition:

(A) is submitted in writing to the hearing examiner, with copies mailed to all parties named in the record of the proceeding, at least three (3) days before the hearing; and

(B) states facts demonstrating that the petitioner's rights, duties, privileges, immunities, or other legal interests may be substantially prejudiced by the proceeding or a statute gives the petitioner a conditional right to intervene in the proceeding.

  (b) Ruling on intervention. The hearing examiner at least twenty-four (24) hours before the beginning of the hearing shall issue an order granting or denying each pending petition for intervention.

  (c) When intervention will be granted. After the beginning of the hearing on the subject of the proceeding, but before the close of evidence in the hearing, anyone may be permitted to intervene in the proceeding if:

(1) a statute confers a conditional right to intervene or an applicant's claim or defense and the main action have a question of law or fact in common; and

(2) the hearing examiner determines that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.

  In reaching a determination, the hearing examiner shall consider whether the intervention will unduly delay or prejudice the adjudication of the legal interests of any of the parties.

  (d) Order regarding intervention. An order granting or denying a petition for intervention must specify any condition and briefly state the reasons for the order. At any time, the hearing examiner may modify the order, stating the reasons for the modification. The hearing examiner shall promptly give notice of an order granting, denying, or modifying intervention to the petitioner for intervention and to all parties.

  (e) Amicus curiae. An amicus curiae may file a brief in any case pending before the board. An amicus curiae shall file with the board a notice of intent to file a brief. The chairman shall determine the time within which a brief shall be filed. With the permission of the board, an amicus curiae may participate in the oral argument before the board. (Indiana Education Employment Relations Board; 560 IAC 2-3-10; filed Oct 6, 1988, 11:15 a.m.: 12 IR 311; readopted filed Sep 12, 2001, 10:55 a.m.: 25 IR 529; readopted filed Nov 30, 2007, 11:19 a.m.: 20071226-IR-560070368RFA; readopted filed Sep 10, 2013, 10:25 a.m.: 20131009-IR-560130214RFA)