Intervention procedures

Any interested person may petition to intervene, including employers, employees, labor or trade organizations, and Federal or State agencies. The rule gives the hearing examiner discretion to permit intervention at any time after the proceedings start and before the hearing examiner decides the case, provided the petitioner files a written petition and shows good cause. See 1921.6.

A petition to intervene may be filed at any time after the institution of proceedings and before the hearing examiner issues a decision. The regulation explicitly allows intervention during that window, subject to the hearing examiner's finding of good cause. See 1921.6.

The petitioner must state with precision and particularity the petitioner's relationship to the matters involved in the proceedings. This means clearly explaining how the petitioner is connected to the dispute or issues being decided so the hearing examiner can evaluate the petitioner's interest. See 1921.6(a).

The petitioner must describe with precision and particularity the nature of any material they intend to present in evidence. Provide a clear summary of the types of documents, testimony, or exhibits and how they relate to the issues so the hearing examiner can assess relevance and timeliness. See 1921.6(b).

The petitioner must state with precision and particularity the nature of any argument they intend to make. That means summarizing the legal and factual points the petitioner will raise so the hearing examiner and parties understand the scope of the proposed intervention. See 1921.6(c).

The petitioner should include any other reasons why they should be allowed to intervene, such as unique interests, potential prejudice if not heard, or reasons why their participation will aid the hearing. The rule requires these reasons to be stated with precision and particularity to support the request. See 1921.6(d).

It means the petition must give clear, specific facts and details—not vague or general statements—about the petitioner's relationship, the evidence, the arguments, and any other reasons for intervention. The hearing examiner needs concrete information to determine whether the petitioner has a legitimate interest and whether intervention is appropriate. See 1921.6.

The hearing examiner decides whether to permit intervention, based on a written petition that shows good cause. The regulation vests discretion in the hearing examiner to allow intervention after considering the petition's specificity and the reasons presented. See 1921.6.

Showing 'good cause' generally requires the petitioner to provide specific, persuasive reasons—such as a direct interest in the outcome, relevant evidence the petitioner will present, or potential prejudice if excluded—and to explain these points with precision and particularity in the written petition. The hearing examiner uses this showing to determine whether intervention is warranted. See 1921.6.

Yes. If the hearing examiner permits intervention, the examiner may limit the intervenor's participation to the matters, evidence, or arguments described in the petition or otherwise narrow the scope to prevent delay or prejudice. The regulation allows the hearing examiner discretion to manage the proceedings when granting intervention. See 1921.6.

An intervenor may only introduce new evidence beyond what was described in the petition if the hearing examiner permits it; the petition must state with precision what material the petitioner intends to present, and the examiner controls the record to ensure fairness and avoid surprises. Ask the hearing examiner for permission and explain why the additional evidence is relevant and timely. See 1921.6(b).

Yes, a Federal or State agency may petition to intervene, but it must file a written petition showing good cause and must state with precision its relationship to the matters, the evidence it will present, the arguments it will make, and any other reasons for intervention. The same precision and particularity requirements apply to agencies as to other interested persons. See 1921.6.

An employer who is not already a formal party must petition to intervene because intervention creates a formal role and explicit permission to present evidence or arguments; merely participating informally does not substitute for a written petition that shows good cause and meets the precision-and-particularity requirements. The petition puts the scope of the employer's involvement on record for the hearing examiner to rule on. See 1921.6.

The petition should describe the confidential or sensitive nature of the material and explain why the material is relevant, while proposing safeguards (such as protective orders or in-camera review) to prevent undue disclosure; the petition must still state the general nature of the material with precision so the hearing examiner can decide whether to permit intervention and how to handle the material. See 1921.6(b).

Yes, a labor or trade organization can petition to intervene to present policy or industry-wide arguments, but the petition must explain with precision the organization's relationship to the matter and the specific nature of the arguments and evidence it will offer so the hearing examiner can assess relevance and good cause. See 1921.6(c).

The petition must be in writing and must state with precision and particularity the petitioner's relationship to the matters, the evidence and arguments the petitioner intends to present, and any other reasons to intervene; the regulation does not prescribe a specific form, but the written petition must provide sufficient detail for the hearing examiner to evaluate good cause. See 1921.6.