Section 407-840-5 - CERTIFICATION OF PRELIMINARY ELIGIBILITYA.Determination of Eligibility. Within fourteen days after the filing of the petition for preliminary determination of eligibility, the Commission shall enter an order with respect to each intervenor or participant who has filed for funding. The Commission may extend this time period in the event objections to eligibility are filed. The Commission order must state, with respect to each intervenor or participant: 1) Whether the intervenor or participant is eligible for funding based on the criteria set forth in section 2 of this rule;2) Whether those intervenors or participants advocating similar positions must consolidate their representations by requiring common legal representation chosen by the intervenors or participants. No award of funding will be made to those intervenors or participants who fail to consolidate their presentations after being so ordered by the Commission. This does not preclude consolidated intervenors or participants from retaining more than one legal representative so long as only one representative enters an appearance on behalf of the consolidated intervenors or participants. In the case where more than one legal representative or expert witness is retained, the intervenors or participants may divide the funding among the legal representatives.B.Determination of Funding Amount. An order concluding that an intervenor or participant is eligible for funding pursuant to section 5(A), must include a cap on the funding amount. The Administrative Director of the Commission, in consultation with the General Counsel for the Commission, will determine the funding cap.C.Availability of Funds. Any funding to be paid from the regulatory fund, or any other funding source authorized by statute, is contingent on the availability of such funds. In the event funds are limited, priority will be given to intervenors or participants representing environmental justice populations.D.Change in Financial Status. A determination of preliminary eligibility under this rule is subject to change in the event the financial status of the intervenor or participant changes prior to the conclusion of the proceeding. An intervenor's or participant's eligibility for funding is reviewable until the conclusion of the proceeding. It is the obligation of the intervenor or participant seeking funding to notify the Commission and parties involved of any change in financial position.E.Forms or Contracts. Each eligible intervenor or participant may be required to execute a State required form or contract with the Commission that contains requirements for payments and other provisions. The Commission Staff will assist intervenors or participants in executing any State required forms or contracts.65-407 C.M.R. ch. 840, § 5