DEEP: Intervening in the Hearing Process

Intervening in the Hearing Process
 
What is Intervention

An individual, group of individuals, or an organization with an interest in the outcome of a hearing may participate in that hearing as an intervening party or as an intervenor.

Intervening party – Granted if a statute confers the right and the conditions in that statute for such status are met. Also granted if a person or organization files a request stating facts that demonstrate that their legal rights, duties or privileges will or may be affected by the decision in the proceeding.

Intervenor -- Granted if a person or organization files a written request that states facts that demonstrate that their participation is in the interests of justice and will not impair the orderly conduct of the hearings. The hearing officer may limit participation to certain issues and to certain aspects of the hearing process.

How do I Intervene?

Requests or petitions to intervene must be in writing, timely filed, and signed by the person(s) or authorized representative(s) of an organization seeking to intervene. A request must also meet all other requirements of certain sections of the Connecticut General Statutes (CGS) and the Regulations of Connecticut State Agencies (RCSA).

Writing -- Requests to intervene are usually a written motion, however, a letter may be sufficient if it complies with the format requirements of the DEEP Rules of Practice, RCSA §§22a-3a-2 to 22a-3a-6.

Timely -- Generally, a request should be filed at least 5 days before a hearing begins. A request made during a hearing may be denied as untimely, or, if granted, the participation of the intervenor may be limited.

Signed -- Requests must be signed by the person(s) requesting intervention or by his/her attorney on their behalf. A person signing for an organization must submit proof that he/she is authorized to represent that organization. A signature represents that the signer has read the petition, that statements made in that petition are true, and that the request for intervention is genuine.

Certification-- Intervention requests must contain a statement that copies of the request were mailed or delivered to all parties, including DEEP staff, and any other present or prospective intervenors. The person who mailed or served the document must sign this certification.

What are the Requirements for Intervention Status?

CGS §4-177a provides that intervening party status shall be granted if procedural requirements are met and "the petition states facts that demonstrate that the petitioner’s legal rights, duties or privileges shall be specifically affected by the agency’s decision in the contested case."

CGS §22a-19(a) states that "….[i]n any administrative, licensing or other proceeding…any person, partnership, corporation, association, organization or other legal entity may intervene as a party on the filing of a verified pleading asserting that the proceeding…involves conduct which has, or which is reasonably likely to have, the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the state."

RCSA §22a-3a-6(k) provides that a written request for intervention must state facts that demonstrate that legal rights, duties or privileges will or may reasonably be expected to be affected by the decision in the proceeding, or that participation is necessary for the proper disposition of the proceeding.

To What Am I Entitled as an Intervenor? 

The names of intervenors are placed on the list of parties and/or interested persons/organizations involved in a hearing to receive copies of all motions and correspondence, and notice of all public meetings, conferences and hearing dates.. Intervening parties may participate in the hearing by presenting evidence and questioning other parties. The hearing officer may limit the participation of intervenors.

Do I Have to Intervene to Participate?

The public may participate in matters that are the subject of DEEP hearings without intervening. The public can speak at public hearings and may submit written comments. Information may also be requested from the DEEP on general or specific matters.

Where Do I File My Request to Intervene?

Original signed requests may be scanned and sent electronically to deep.adjudications@ct.gov or may be mailed or delivered to:
DEEP Office of Adjudications
79 Elm Street, 3rd floor
Hartford, CT 06106-5127
If submitted electronically, original signed requests must also be mailed or delivered to the address above within ten days of electronic submittal.
 

This document is intended to provide basic information; it is not legal advice and should not be considered as such. The Office of Adjudications cannot provide any advice regarding participation in the hearing process or discuss specific cases. Interested persons should seek legal assistance from an attorney. Technical assistance is available from the DEEP.