29-250 C.M.R. ch. 2, § 7 - Participation at Hearing

1. Intervention by persons substantially and directly affected by proceeding.

A. Petition. A person, including any agency of federal, state or local government, who establishes that the person 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 Secretary of State, Hearings Section, at least five days before the scheduled proceeding. Untimely petitions may not be accepted or considered.

B. Information required. The petition must include:

1 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

2 a statement of the reasons and purposes for which intervention is sought.

C. Responsibilities of Hearing Examiner. Prior to the conduct of the proceeding, the Hearing Examiner shall issue an order granting or denying each pending petition for intervention, specifying any conditions, and briefly stating the reasons for the order. The order shall be entered on the formal record of the proceeding. The Hearing Examiner may modify the order at any time, stating the reasons on the record therefore.

1 Factors Hearing Examiner must consider. The Hearing Examiner shall consider the following factors when considering petitions for intervention:

a the nature of the petitioner's right pursuant to any statute to be made party to the proceeding;

b the precise nature and extent of the petitioner's interest in the subject matter or outcome of the proceeding;

c the effect of any order which may be entered in the proceeding on the petitioner's interest;

d the nature of the contested issues;

e the availability of other means whereby the petitioner's interest may be protected, e.g., presentation of written views or argument;

f the extent to which the petitioner's interests will be represented by existing parties;

g the extent to which the petitioner's participation may reasonably be expected to assist in the development of a sound record;

h the extent to which the participation of the petitioner will broaden the issues or delay the proceeding;

i the ability of the petitioner to present relevant evidence and argument; and

j the effect of the participation of the petitioner on existing parties to the proceeding.

2. Conditions imposed on intervenors. The Hearing Examiner 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 Hearing Examiner is responsible for establishing reasonable conditions on intervenors in order to limit the presentation of redundant evidence, to reasonably restrict interrogation 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; limiting the intervenor's use of discovery, cross-examination, and other procedures so as to promote the orderly and prompt conduct of the proceeding; and

B. limiting the intervenor's use of discovery, 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 combine their presentations of evidence and argument, cross-examination, discovery, and other participation in the proceeding.

3. Intervention by other interested persons.

A. Petition. An interested person may file a timely petition to intervene as full or limited party to the proceeding. All petitions must be made in writing and received by the Secretary of State, Hearings Section, at least five days before the scheduled proceeding. Untimely petitions may not be accepted or considered. The granting of a petition for intervention by an interested person is discretionary with the Secretary of State.

B. Information required. The petition must include:

1 a statement of facts demonstrating that the petitioner's interest is or may be affected by the proceeding, and

2 a statement of the reasons and purposes for which intervention is sought.

C. Responsibilities of Hearing Examiner. The responsibilities of the Hearing Examiner are those listed in Section 1(C), and the Hearing Examiner must consider the factors outlined in Section 1(C) (1).

Notes

29-250 C.M.R. ch. 2, § 7