D.C. Mun. Regs. r. 3-414

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 3-414 - INTERVENTION

414.1

Upon timely application, a person may be permitted to intervene in an action before the Board in the following circumstances:

(a) When the applicant claims an interest relating to the transaction which is the subject of the action and he or she is so situated that the disposition of the action may as a practical matter impair or impede his or her ability to protect that interest, unless the applicant's interest is adequately represented by existing parties;

(b) When the applicant's claim or defense has a common question of law or fact with the pleadings; or

(c) In the case of a challenge to a summary statement and short title of a proposed Charter amendment, any person or group may intervene in the proceeding to respond to allegations made in the complaint, or to initiate their own challenge to the Board's summary statement and short title.

414.2

When a party to an action relies upon a claim or defense based upon any statute or executive order administered by a federal or state governmental officer or agency or upon any regulation, order, requirement, or agreement issued or made pursuant to the statute or executive order, the Board may permit the officer or agency, upon timely application, to intervene in the action.

414.3

Intervention will not be permitted where to do so would allow circumvention of statutory time limits for challenging a matter or would allow circumvention of limits on qualifying as a party entitled to seek judicial review. The Board, in exercising its discretion, shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

414.4

A person desiring to intervene shall serve a motion to intervene upon the parties in the manner provided in § 404.

414.5

A motion to intervene shall state the grounds for intervention and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.

D.C. Mun. Regs. r. 3-414

Final Rulemaking published at 45 D.C. Reg. 432, 443-44 (January 23, 1998); amended by Final Rulemaking published at 70 DCR15793 (12/15/2023)