CSC: Public Participation

Party, Intervenor, and Limited Appearance Participation


*Please note the material below is not a substitute for legal advice. If there is conflict with the text below and relevant statutes and regulations, the statutes and regulations shall prevail.

Status in Proceeding

Relevant Connecticut Statutes

Relevant Council Regulations

Summary of participation

Council approval required

Party

4-177a; 16-50n; 16-50o; 22a-120

16-50j-13 though 16-50j-17

Requires pre-filing and allows for cross-examination; full participation in evidentiary hearing

Yes. Must file at least five days prior to the hearing.
Must show legal rights and duties or privileges will be determined by Council decision.

Intervenor

4-177a(b); 16-50n; 16-50o; 22a-120

16-50j-15a through 16-50j-17

Requires pre-filing testimony and allows for cross-examination; full participation in evidentiary hearing

Yes. Must file at least five days prior to hearing.
Must show participation will furnish assistance to the Council to resolve issues of the case.

Limited Appearance

16-50n(f); 22a-120(b)

16-50j-15

No preparation is required. Participation occurs at evening public comment session or by submission of written comments within 30 days of hearing.

No. No petition filing required.

Statement of Limited Appearance:

Speaking at the evening public comment session or submitting written comments to the Council is considered a statement of limited appearance. One may speak at any time during the evening public comment session or submit written comments at the hearing or within 30 days following the hearing. The oral or written comments should explain facts and concerns for Council consideration; the Council cannot answer questions at the hearing. If a person has attained party or intervenor status they may not also submit a limited appearance statement.

Request for Intervenor Status:

When:        At any time at least five days prior to the commencement of the 
                 hearing on a contested case, any person may request that the 
                 Council permit that person to participate as an intervenor.

Who:         Persons whose participation in the proceeding is in the interests of 
                justice, will not impair the orderly conduct of the proceedings and 
                will furnish assistance to the Council in resolving the issues of the 
                case.

How:          In so requesting to participate as an intervenor, the proposed 
                 intervenor shall

    • submit their request in writing;
    • state their name and address;
    • describe the manner in which they are affected;
    • state in what way and to what extend they propose to participate; and
    • send a copy of their request to intervene to all other parties and intervenors who are also participating in the proceeding (this information can be obtained from the Siting Council's office).
Decision:    The Council will determine the proposed intervenorís participation
                by taking into account whether such participation will furnish
                assistance to the Council in resolving the issues of the case.
                The Council will notify the petitioner of its decision to either
                grant or deny intervenor status.

Intervenor Status:

Participation as Intervenor:

    • filing pre-hearing questions to the applicant or other parties and intervenors;
    • presenting pre-filed testimony for hearing sessions;
    • cross-examination of witnesses at hearing sessions; and
    • filing exhibits, briefs, and proposed findings of fact.

All testimony and filings will become part of the record for Council consideration.

Obligations as Intervenor:

    • respond to pre-hearing questions filed by the Council, the applicant, and any party or intervenor of the proceeding;
    • submit to cross-examination from the Council, the applicant, and any party or intervenor of the proceeding;
    • provide the Council with an original and 15 copies of all filings and an electronic version for scanning to the website via e-mail or disk; and
    • provide the applicant and all parties and intervenors who have not waived service with an electronic copy of all filings. 
                 

Request for Party Status:

When:        At any time at least five days prior to the commencement of the 
                 hearing on a contested case, any person may request that the
                 Council permit that person to participate as a party.

Who:         Persons who are defined in the state statutes such as:

    • the applicant or certificate holder;
    • each person entitled to receive a copy of the application or resolution under section 16-50l, if such person has filed with the Council a notice of intent to be a party;
    • each person entitled to receive a copy of the application under section 22a-118(e) for a hazardous waste proceeding, if such person has filed with the Council a notice of intent to be a party;
    • any domestic or qualified nonprofit corporation or association formed in whole or in part to promote conservation or natural beauty, to protect the environment, personal health or biological values, to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located, if it has filed with the Council a notice of intent to be a party.
How:         Persons seeking party status must submit a written request to the 
                Council at least five days prior to the hearing. The written request 
                must illustrate the following:
    • their name and address;
    • the manner in which the petitioner claims to be substantially and specifically affected;
    • the contention of the petitioner;
    • the relief sought by the petitioner;
    • the statutory or other authority therefore; and
    • the nature of evidence that the petitioner intends to present.
Decision:    The Council will name or admit as a party any person whose
                legal rights, duties, or privileges will be determined by the
                decision of the Council, or that the participation of such person
                as a party is necessary to the proper disposition of the case.
                The Council will notify the petitioner of its decision to either
                grant or deny party status.
 
Party Status:

Participation as Party:
    • filing pre-hearing questions to the applicant or other parties or intervenors;
    • presenting pre-filed testimony for hearing sessions;
    • cross-examination of witnesses at hearing sessions; and
    • filing exhibits, briefs, and proposed findings of fact.

All testimony and filings will become part of the record for Council consideration.

Obligation as Party:

    • respond to pre-hearing questions filed by the Council, the applicant, and any party or intervenor of the proceeding;
    • submit to cross-examination from the Council, the applicant, and any party or intervenor of the proceeding;
    • provide the Council with an original and 15 copies of all filings and an electronic version for scanning to the website via e-mail or disk; and
    • provide the applicant and all parties and intervenors who have not waived service with an electronic copy of all filings. 

Council Discretion:

The Council in its discretion may group parties and intervenors with the same interests to avoid redundant testimony and unnecessary delays in the proceeding. The Council Chairman may limit intervenor participation to designated issues in which the intervenor has a particular interest and define an intervenor's rights to inspect and copy records, physical evidence, papers and documents, to introduce evidence, and to argue and cross examine on those issues. While the Council welcomes participation in accordance with its regulations and applicable statutes, asserting a personís rights and privileges is his or her responsibility. One must initiate a request for party or intervenor status on one's own behalf. Although it is not obligatory, the Council recommends that parties and intervenors seek legal representation.

Participation Guidelines

Information Guide to Party or Intervenor Status



Content Last Modified on 1/8/2015 9:20:09 AM