What does 49 CFR 386.17 (Intervention) require?

Short answer

To intervene under 49 CFR 386.17, a person must petition the administrative law judge before the hearing, stating why they are entitled to intervene. The petition will be allowed if the final decision could directly and adversely affect the petitioner and they can contribute materially to the proceedings.

The rule says

"The petition must set forth the reasons why the petitioner alleges he/she is entitled to intervene." (49 CFR 386.17)

"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." (49 CFR 386.17)

In plain English

Intervention under 49 CFR 386.17 allows a person to participate in a hearing if they can show that the outcome will directly affect them and they have something valuable to add to the discussion. This is not just about being curious or having a general interest - the petitioner must demonstrate a clear stake in the outcome and a unique perspective that is not already represented by other parties. The administrative law judge will review the petition and decide whether to allow the intervention based on these criteria.

What to do

• File a petition with the administrative law judge before the hearing, stating the reasons for intervention.
• Ensure the petition is served on all parties in accordance with 386.31.
• Be prepared to demonstrate how the final decision could directly and adversely affect you or the class you represent.
• Show how you can contribute materially to the disposition of the proceedings and that your interest is not adequately represented by existing parties.