---
kind: "section"
citation: "43 C.F.R. § 4.1021"
title: "43"
number: "4.1021"
heading: "What are the requirements for motions for intervention and responses?"
url: "https://uscodex.org/cfr/43/4.1021"
---

# §4.1021. What are the requirements for motions for intervention and responses?

- (a) **General.** A person may file a motion for intervention within 30 days after OFA issues the notice of the election of hearing under [25 CFR 83.39(a)(1)](/cfr/25/83.39.md?p=a-1).
- (b) **Content of the motion.** The motion for intervention must contain the following:
  - (1) A statement setting forth the interest of the person and, if the person seeks intervention under [paragraph (d)](#d) of this section, a showing of why that interest may be adversely affected by the final determination of the Assistant Secretary under [25 CFR 83.43](/cfr/25/83.43.md);
  - (2) An explanation of the person's position with respect to the issues of law and issues of material fact raised in the election of hearing in no more than five pages; and
  - (3) A list of the witnesses and exhibits the person intends to present at the hearing, other than solely for impeachment purposes, including:
    - (i) For each witness listed, his or her name, address, telephone number, and qualifications and a brief narrative summary of his or her expected testimony; and
    - (ii) For each exhibit listed, a statement specifying where the exhibit is located in the administrative record reviewed by OFA.
- (c) **Timing of response to a motion.** Any response to a motion for intervention must be filed by a party within 7 days after service of the motion.
- (d) **Intervention of right.** The ALJ will grant intervention where the person has an interest that may be adversely affected by the Assistant Secretary's final determination under [25 CFR 83.43](/cfr/25/83.43.md).
- (e) **Permissive intervention.** If [paragraph (d)](#d) of this section does not apply, the ALJ will consider the following in determining whether intervention is appropriate:
  - (1) The nature of the issues;
  - (2) The adequacy of representation of the person's interest which is provided by the existing parties to the proceeding; and
  - (3) **The ability of the person to present relevant evidence and argument.**
- (f) **How an intervenor may participate.**
  - (1) A person granted leave to intervene under [paragraph (d)](#d) of this section may participate as a full party or in a capacity less than that of a full party.
  - (2) If the intervenor wishes to participate in a limited capacity or if the intervenor is granted leave to intervene under [paragraph (e)](#e) of this section, the extent and the terms of the participation will be determined by the ALJ.
  - (3) An intervenor may not raise issues of law or issues of material fact beyond those raised in the election of hearing under [25 CFR 83.38(a)(1)](/cfr/25/83.38.md?p=a-1).

## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 479a-1.

### Source

Source: 80 FR 48459, Aug. 13, 2015, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.