§ 197.40a. Petition to intervene.

 (a)  A petition to intervene may be filed by a person claiming a right to intervene or an interest of the nature that intervention in the proceeding is appropriate. The right or interest includes, but is not limited to, the following:

   (1)  A right conferred by the laws of the United States or of the Commonwealth.

   (2)  An interest which may be directly affected and which is not adequately represented by existing parties. The following may have an interest:

     (i)   Competitors of the certificate of need applicant.

     (ii)   Consumers, affected persons and directly affected persons, as defined in the act.

 (b)  Petitions to intervene shall be filed within 30 days prior to the date of the hearing.

 (c)  Petitions to intervene shall set out clearly and concisely the facts from which the nature of the alleged right or interest of the petitioner can be determined. The petition shall specifically state whether petitioner wishes to acquire party status as an appellant or an appellee, and shall specifically set forth the reasons why petitioner’s interests cannot be adequately represented by the existing party to the proceeding.

 (d)  If the petition to intervene is granted, the intervenor shall have, in the proceedings before the Hearing Board, all of the rights and duties of the other parties to the proceedings, except that the Hearing Board may refuse to permit the intervenor to file a prehearing brief if it believes that the filing of the brief will delay the proceedings.

 (e)  If the petition to intervene is granted, the Department will, within 20 days of the date of the order granting intervention, serve a copy of the certified record upon the intervenor.

 (f)  Subsection (a) supplements 1 Pa. Code §  35.28 (relating to eligibility to intervene). Subsection (b) supplements 1 Pa. Code §  35.30 (relating to filing of petitions to intervene). Subsection (c) supplements 1 Pa. Code §  35.29 (relating to form and contents of petitions to intervene).


   The provisions of this §  197.40a issued under section 805(b) of the Health Care Facilities Act (35 P. S. §  448.805(b)).


   The provisions of this §  197.40a adopted September 4, 1987, effective September 5, 1987, 17 Pa.B. 3609.

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