---
kind: "section"
citation: "43 C.F.R. § 4.1110"
title: "43"
number: "4.1110"
heading: "Intervention."
url: "https://uscodex.org/cfr/43/4.1110"
---

# §4.1110. Intervention.

- (a) Any person, including a State, or OSM may petition for leave to intervene at any stage of a proceeding in OHA under the act.
- (b) A petitioner for leave to intervene shall incorporate in the petition a statement setting forth the interest of the petitioner and, where required, a showing of why his interest is or may be adversely affected.
- (c) The administrative law judge or the Board shall grant intervention where the petitioner—
  - (1) Had a statutory right to initiate the proceeding in which he wishes to intervene; or
  - (2) Has an interest which is or may be adversely affected by the outcome of the proceeding.
- (d) If neither [paragraph (c)(1)](#c-1) nor (c)(2) of this section apply, the administrative law judge or the Board shall consider the following in determining whether intervention is appropriate—
  - (1) The nature of the issues;
  - (2) The adequacy of representation of petitioner's interest which is provided by the existing parties to the proceeding;
  - (3) The ability of the petitioner to present relevant evidence and argument; and
  - (4) **The effect of intervention on the agency's implementation of its statutory mandate.**
- (e) Any person, including a State, or OSM granted leave to intervene in a proceeding may participate in such proceeding as a full party or, if desired, in a capacity less than that of a full party. If an intervenor wishes to participate in a limited capacity, the extent and the terms of the participation shall be in the discretion of the administrative law judge or the Board.

## Notes

### Authority

Authority: 30 U.S.C. 1256, 1260, 1261, 1264, 1268, 1271, 1272, 1275, 1293; 5 U.S.C. 301.

### Source

Source: 43 FR 34386, Aug. 3, 1978, 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.