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How to Intervene in an Existing Appeal

Intervention is the procedure by which a third person, not originally a party to the appeal, but claiming an interest in the subject matter, comes into the case in order to protect his rights.


The procedure for intervention is outlined in Ohio Administrative Code 3746-5-04. To intervene, a person must file a “motion to intervene” in an existing appeal. The motion must demonstrate all of the following:


  • The movant has an interest in the appeal and the movant’s participation will assist in the determination of the issues in question.
  • The movant’s participation will not unnecessarily delay the proceeding.
  • That the movant substantially supports the position of either the appellants or the appellees in the existing appeal (the Commission must be able to designate an intervenor as either an intervenor-appellant or an intervenor-appellee).
  • The reasons why the movant could not have earlier become a party to the appeal.

Sample motion to intervene: [Word 17 KB] [PDF 52 KB]


ERAC’s $70 filing fee is NOT required to file a motion to intervene


After receiving a motion to intervene (and any responses thereto), the Commission may, within its discretion, grant intervention as either an intervenor-appellant or an intervenor-appellee.


Please note that it is typically not necessary to file both a motion to intervene and a separate notice of appeal. A party may file a notice of appeal and a motion to consolidate/track the new case with an existing appeal involving the same subject matter.


All notices of appeal are subject to the Commission's jurisidctional requirements. Please see our How to File an Appeal page for information regarding the procedure for filing a notice of appeal.


For additional questions regarding the procedure for intervention, please contact the Commission by email or by phone at (614) 466-8950.


 

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