Md. Code Regs. 13B.04.01.11

Current through Register Vol. 51, No. 12, June 14, 2024

Section 13B.04.01.11 - Intervention and Consolidation

A. Upon motion filed not later than 10 days before the prehearing conference or 20 days before the hearing date, a person may be permitted to intervene in an action when the person has standing and:

(1) An unconditional right to intervene as a matter of law; or

(2) Claims an interest relating to the subject matter of the hearing that is:

(a) Adversely affected, and

(b) Not adequately represented by existing parties.

B. The motion shall state with particularity the grounds for the intervention as well as a statement setting forth the claim or defense for which intervention is sought.

C. Restrictions on Intervention.

(1) The Secretary or the Commission, as appropriate, shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

(2) The Secretary or the Commission, as appropriate, may at any time before or during the course of the proceedings place conditions upon an intervenor's participation in the proceedings.

D. Appeal.

(1) The Secretary's or the Commission's denial of a motion to intervene may be appealed in accordance with law.

(2) In the discretion of the Secretary or the Commission, as appropriate, an appeal of a denial to intervene may stay proceedings.

E. Consolidation. When proceedings involving a common question of law or fact are pending before the Secretary or the Commission, the Secretary or the Commission, as appropriate, may consolidate the proceedings pursuant to a motion or the Secretary's or Commission's own initiative. If the consolidated proceedings involve different parties or burdens of going forward or persuasion, the Secretary or the Commission may specify those procedures that will assure an expeditious and just proceeding.

Md. Code Regs. 13B.04.01.11

Regulations .11 adopted effective March 23, 1998 (25:6 Md. R. 490)