[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

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

[CITE: 14CFR302.20]



[Page 285-286]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 302_RULES OF PRACTICE IN PROCEEDINGS--Table of Contents

 

                Subpart A_Rules of General Applicability

 

Sec. 302.20  Formal intervention.



    (a) Who may intervene. Any person who has a statutory right to be 

made a party to an oral evidentiary hearing proceeding shall be 

permitted to intervene. Any person whose intervention will be conducive 

to the public interest and will not unduly delay the conduct of such 

proceeding may be permitted to intervene.

    (b) Considerations relevant to determination of petition to 

intervene. In passing upon a petition to intervene, the following 

factors, among other things, will be considered and will be liberally 

interpreted to facilitate the effective participation by members of the 

public in Department proceedings:

    (1) The nature of the petitioner's right under the statute to be 

made a party to the proceeding;

    (2) The nature and extent of the property, financial or other 

interest of the petitioner;

    (3) The effect of the order that may be entered in the proceeding on 

petitioner's interest;



[[Page 286]]



    (4) The availability of other means whereby the petitioner's 

interest may be protected;

    (5) The extent to which petitioner's interest will be represented by 

existing parties;

    (6) The extent to which petitioner's participation may reasonably be 

expected to assist in the development of a sound record; and

    (7) The extent to which participation of the petitioner will broaden 

the issues or delay the proceeding.

    (c) Petition to intervene--(1) Contents. Any person desiring to 

intervene in a proceeding shall file a petition in conformity with this 

part setting forth the facts and reasons why he or she thinks he or she 

should be permitted to intervene. The petition should make specific 

reference to the factors set forth in paragraph (b) of this section.

    (2) Time for filing. Unless otherwise ordered by the Department:

    (i) A petition to intervene shall be filed with the Department prior 

to the first prehearing conference, or, in the event that no such 

conference is to be held, not later than fifteen (15) days prior to the 

hearing.

    (ii) A petition to intervene filed by a city, other public body, or 

a chamber of commerce shall be filed with the Department not later than 

the last day prior to the beginning of the hearing.

    (iii) A petition to intervene that is not timely filed shall be 

dismissed unless the petitioner shall clearly show good cause for his or 

her failure to file such petition on time.

    (3) Answer. Any party to a proceeding may file an answer to a 

petition to intervene, making specific reference to the factors set 

forth in paragraph (b) of this section, within seven (7) days after the 

petition is filed.

    (4) Disposition. The decision granting, denying or otherwise ruling 

on any petition to intervene may be issued without receiving testimony 

or oral argument either from the petitioner or other parties to the 

proceeding.

    (d) Effect of granting intervention. A person permitted to intervene 

in a proceeding thereby becomes a party to the proceeding. However, 

interventions provided for in this section are for administrative 

purposes only, and no decision granting leave to intervene shall be 

deemed to constitute an expression by the Department that the 

intervening party has such a substantial interest in the order that is 

to be entered in the proceeding as will entitle it to judicial review of 

such order.