950 CMR, § 10.08

Current through Register 1536, December 6, 2024
Section 10.08 - Intervention and Participation
(a)Initiation. Any Person not initially a Party, who with good cause wishes to intervene in, or participate in an Adjudicatory Proceeding shall file a written motion with appropriate pleading for leave to intervene or participate in the proceeding.
(b)Form and Content. The motion shall state the name and address of the Person making the motion. It shall describe the manner in which the Person making the motion is affected by the proceeding. It shall state the contention of the Person making the motion as to why intervention or participation should be allowed, the relief sought and the statutory or other law in support thereof.
(c)Filing the Petition. Unless an applicable statute requires otherwise, the motion and appropriate pleading may be filed at any time following the commencement of the Adjudicatory Proceeding, but in no event, later than the date fixed by the Presiding Officer. Motions filed may be allowed at the discretion of the Presiding Officer, provided that the Parties are given notice and opportunity to object.
(d)Rights of Intervenors. Intervenors shall be Persons substantially and specifically affected by the proceeding. Any Person permitted to intervene shall have all the rights of, and be subject to, all limitations imposed upon a Party, however, the Presiding Officer may exclude repetitive or irrelevant material. Every petition to intervene shall be treated as a petition in the alternative to participate.
(e)Rights of Participants. Any Person specifically affected by a proceeding shall be permitted to participate. Permission to participate shall be limited to the right to argue orally at the close of hearing and to file a brief. Permission to participate, unless otherwise stated, shall not be deemed to constitute an expression that the Person allowed to participate is a Party in interest who may be aggrieved by any final decision. A Person who moved to intervene and who was allowed only to participate, may participate without waiving its rights to administrative or judicial review of the denial of said motion to intervene.

950 CMR, § 10.08