SECTION 460:2-1-11. Intervention

(a)   Any person, other state agencies, or the Office of Surface Mining may petition for leave to intervene at any stage of a proceeding in the OHA under the act.

(b)   A petitioner for leave to intervene shall incorporate in the petition a statement setting forth the interest of the petitioner and, where required, a showing of why his interest is or may be adversely affected.

(c)   The hearing examiner or the Director shall grant intervention where the petitioner:

(1)   Has a statutory right to initiate the proceeding in which he wishes to intervene; or

(2)   Has an interest which is or may be adversely affected by the outcome of the proceeding.

(d)   If neither (c) (1) or (c) (2) of this section apply, the hearing examiner or the Director shall consider the following in determining whether the intervention is appropriate:

(1)   The nature of the issues;

(2)   The adequacy of representation of petitioner's interest which is provided by the existing parties to the proceeding;

(3)   The ability of the petitioner to present relevant evidence and argument; and

(4)   The effect of intervention on the agency's implementation of its statutory mandate.

(e)   Any person, including other state agencies, or OSM granted leave to intervene in a capacity less that of a full party. If an intervenor wishes to participate in a limited capacity, the extent and the terms of the participation shall be in the discretion of the hearing examiner or the Director.