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34 Pa. Code § 225.8. Petition to intervene.

§ 225.8. Petition to intervene.

 (a)  The Bureau and the health care facility or employer will be the parties at the hearing.

 (b)  A person other than the Bureau and the health care facility or employer may request to intervene in a hearing under the following conditions:

   (1)  He can demonstrate any of the following:

     (i)   A right conferred by law.

     (ii)   An interest which may be so directly affected and which is not adequately represented by the existing parties, and as to which petitioners may be bound by the Department’s actions. The following may have an interest:

       (A)   Complainants’ union or trade association representatives.

       (B)   Consumers, patients or other patrons served by the respondent.

       (C)   Holders of securities of the health care facility or employer.

       (D)   Employees of the health care facility or employer.

       (E)   Competitors of the respondent.

     (iii)   Any other interest of a nature so that participation of the petitioner may be in the public interest.

   (2)  The party files a petition to intervene with the hearing officer and the existing parties in the hearing under 1 Pa. Code §  35.29 (relating to form and contents of petitions to intervene) no later than 10 days before the scheduled hearing unless the party shows good cause and there is no prejudice to the existing parties from the late filing. Existing parties may file an answer under 1 Pa. Code §  35.36 (relating to answers to petitions to intervene) within 20 days or other time set by the hearing officer.

 (c)  The complainant will have the right to intervene by sending a letter or notice to the hearing officer, the Bureau and the health care facility or employer no later than 10 days before the scheduled hearing. The complainant will not be required to demonstrate his basis for intervention as required under subsection (b).

 (d)  As soon as possible after the time set for filing of answers, the hearing officer will rule on the petition and may grant or deny intervention in whole or in part, or may limit the intervenor’s participation in the hearing. The hearing officer may tentatively grant intervention before the hearing only to avoid detriment to the public interest and if the hearing officer issues a final ruling on intervention before the hearing begins.

 (e)  A hearing officer will not grant a petition to intervene during a hearing unless good cause is shown for the late filing, the parties have the opportunity to respond or object, and the petition complies with this section.

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