Current through 2024-46, November 13, 2024
Section 188-2-20 - Intervention1. Forms The Commissioner shall on request supply application forms for intervenor status and require the submission of the following information:
A. The identity of intervenor applicant;B. A description of the manner in which the intervenor applicant may be substantially and directly affected by the granting of a proposed lease. This description shall include information describing the intervenor applicant's existing use of the proposed lease area.C. A description of intervenor applicant's objections, if any, to the proposed aquaculture lease.2. Filing of Applications Any application for intervenor status must be filed in writing and received by the Department at least 15 days prior to the hearing. The Commissioner may waive the 15-day deadline for good cause shown.
3. Participation Limited or Denied At least 5 days prior to the hearing, the Commissioner shall decide whether to allow or refuse intervenor applications. The Commissioner shall provide written or oral notice of his decision to the intervenor applicant and all other parties to the proceeding.
A. Limited Participation. The Commissioner may grant limited intervenor status to an intervenor applicant where the Commissioner determines that the applicant has a lesser interest than that necessary for full intervenor status but whose participation as a limited intervenor is warranted or would be helpful to the Commissioner in his decision making. The Commissioner may also grant limited intervenor status when the applicant has an interest in the proceeding and where the Commissioner determines that the applicant's interest or evidence to be offered would be repetitive or cumulative when viewed in the context of the interest represented or evidence to be offered by other intervenors. The Commissioner shall describe the manner in which a limited intervenor is permitted to participate in the adjudicatory process in his written notification of the granting of such status.B. Consolidation. The Commissioner may require the consolidation of two or more intervenors' testimony, evidence and questioning if he determines that it is necessary to avoid repetitive or cumulative evidence or questioning.C. Correspondence of Parties. Once admitted as an intervenor, whether full or limited, the intervenor applicant shall be considered a party to the proceeding. Each party shall provide copies of all correspondence with the Department to all other parties and will be notified of all communications between the Department and other parties to the aquaculture lease proceedings.13-188 C.M.R. ch. 2, § 20