06-096 C.M.R. ch. 534, § 11 - Intervenors

A. If a hearing is going to be held, persons substantially and directly affected by the proceeding may petition for intervenor status.

(1) Petition. A person who is or may be substantially and directly affected by the proceeding may file a timely petition to intervene as a party to the proceeding. All petitions must be made in writing and received by the Presiding Officer at least five days before the scheduled hearing.

(2) Information required. The petition must include:

a. A statement of facts demonstrating that the petitioner's interests are or may be substantially and directly affected by the proceeding or that the petitioner qualifies as an intervenor pursuant to any provision of State law; and

b. A statement of the reasons and purposes for which intervention is sought.

(3) Responsibilities of Presiding Officer. Prior to the hearing, the Presiding Officer will issue an order granting, in full or with limitations, or denying each petition for intervention. If a petition is granted on a limited basis or denied, the order will specify any conditions and briefly state the reasons for the limitation or denial. The Presiding Officer may modify the order at any time, stating the reasons on the record.

(4) Conditions imposed on intervenors. The Presiding Officer may impose conditions on the intervenor's participation in the proceeding, either at the time that intervention is granted or at any subsequent time. The Presiding Officer is responsible for establishing reasonable conditions on intervenors in order to limit the presentation of redundant evidence, to reasonably restrict questions and argument to relevant matters, to protect the interests of the parties, including the right to a timely decision, and to prevent avoidable delay. Such conditions may include, but are not limited to, the following:

a. Restricting the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the petition;

b. Limiting the intervenor's use of cross-examination, and other procedures so as to promote the orderly and prompt conduct of the proceedings; and

c. Requiring two or more intervenors to consolidate their presentations of evidence and argument, cross-examination, and other participation in the proceeding.

Notes

06-096 C.M.R. ch. 534, § 11