[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR386.17]



[Page 257]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 

AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents

 

            Subpart B_Commencement of Proceedings, Pleadings

 

Sec. 386.17  Intervention.



    After the matter is called for hearing and before the date set for 

the hearing to begin, any person may petition for leave to intervene. 

The petition is to be served on the administrative law judge. The 

petition must set forth the reasons why the petitioner alleges he/she is 

entitled to intervene. The petition must be served on all parties in 

accordance with Sec. 386.31. Any party may file a response within 10 

days of service of the petition. The administrative law judge shall then 

determine whether to permit or deny the petition. The petition will be 

allowed if the administrative law judge determines that the final 

decision could directly and adversely affect the petitioner or the class 

he/she represents, and if the petitioner may contribute materially to 

the disposition of the proceedings and his/her interest is not 

adequately represented by existing parties. Once admitted, a petitioner 

is a party for the purpose of all subsequent proceedings.