65- 407 C.M.R. ch. 840, § 6

Current through 2024-25, June 19, 2024
Section 407-840-6 - FILING OF FINAL CLAIM
A.Intervenor's Claim. Every intervenor who received a preliminary determination of eligibility for an award of compensation shall file a Final Claim for Intervenor Funding within 30 days of the close of the proceeding containing the information listed below:
1 Every issue for which the award is sought and how the intervenor has met the eligibility criteria in Section 2 of this Chapter. If an award is sought for issues not anticipated in the preliminary determination of eligibility, the final claim should specifically note this;
2 For each issue, the contribution made by the intervenor with respect to that issue. This shall include a summary of all direct evidence submitted by the intervenor, all relevant testimony elicited by the intervenor on cross examination of the witness and the major points of any legal argument made by the intervenor;
3 For each issue, the amount of the award of compensation sought by the intervenor. This shall include an itemized statement of all attorneys and expert witness fees and other reasonable expenses incurred by the intervenor in the preparation and advocacy of the intervenor's position in the Commission proceeding. If an issue may be logically divided into two or more sub-issues, the intervenor shall separately itemize its fees and expenses for each separate sub-issue. The burden is on the intervenor to produce satisfactory evidence that any attorney's fees are reasonable. At a minimum this shall include the attorney's affidavit as to the reasonableness of fees;
4 For each issue where a consolidated presentation has been made but where one or more intervenors is not seeking an award of compensation, whether the common legal representative was retained or employed by an intervenor seeking an award of compensation and which expert witnesses, if any, were retained or employed by a intervenor seeking an award of compensation.
5 To the extent possible, the claim shall include an update of the financial information provided by the intervenor under section 3(B)(1) of this rule, to reflect the current financial status of the intervenor.
B.Filing of Objections. Within seven (7) days after submission of the intervenor's claim, any party to the proceeding may object to the intervenor's claim.
C.Intervenors Without Preliminary Determination of Eligibility. Any intervenor who has not received a preliminary determination of eligibility may request a determination of eligibility at the conclusion of the case by submitting the same information as required in section 3(B)(1), (4) and section 6(A) of this rule.

65- 407 C.M.R. ch. 840, § 6