26 N.C. Admin. Code 3.0117

Current through Register Vol. 39, No. 12, December 1, 2024

Section 03 .0117 - INTERVENTION

(a) Any person not named in the notice of hearing who desires to intervene in a contested case as a party shall file a timely motion to intervene and shall serve the motion upon all existing parties. Timeliness will be determined by the administrative law judge in each case based on circumstances at the time of filing. The motion shall show how the movant's rights, duties, or privileges may be determined or affected by the contested case; shall show how the movant may be directly affected by the outcome or that movant's participation is authorized by statute, rule, or court decision; shall set forth the grounds and purposes for which intervention is sought; and shall indicate movant's statutory right to intervene if one should exist.

(b) Any party may object to the motion for intervention by filing a written notice of objection with the administrative law judge within five days of service of the motion if there is sufficient time before the hearing. The notice of objection shall state the party's reasons for objection and shall be served upon all parties. If there is insufficient time before the hearing for a written objection, the objection may be made at the hearing.

(c) When determined to be necessary to develop a full record on the question of intervention, the administrative law judge may conduct a hearing on the motion to determine specific standards that will apply to each intervenor and to define the extent of allowed intervention.

(d) The administrative law judge shall allow intervention upon a proper showing under this Rule, unless the administrative law judge finds that the movant's interest is adequately represented by one or more parties participating in the case or unless intervention is mandated by statute, rule, or court decision. An order allowing intervention shall specify the extent of participation permitted the intervenor and shall state the administrative law judge's reasons. An intervenor may be allowed to:

(1) File a written brief without acquiring the status of a party;

(2) Intervene as a party with all the rights of a party; or

(3) Intervene as a party with all the rights of a party but limited to specific issues and to the means necessary to present and develop those issues.

26 N.C. Admin. Code 03 .0117

Authority G.S. 150B-23(d);
Eff. August 1, 1986;
Amended Eff. November 1, 1987;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.

Authority G.S. 150B-23(d);
Eff. August 1, 1986;
Amended Eff. November 1, 1987.