Md. Code Regs. 16.02.02.09

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

Section 16.02.02.09 - Intervention

A. Criteria. On timely motion, a person may be permitted to intervene in an action if:

(1) The person has standing; and

(2) The person:

(a) Has an unconditional right to intervene as a matter of law; or

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

(i) Adversely affected; and

(ii) Not adequately represented by existing parties.

B. Deadline. To be timely, a motion to intervene shall be filed not later than 15 days before the earlier of the prehearing conference or the scheduled hearing.

C. Contents. The motion to intervene shall:

(1) State the grounds for the motion; and

(2) Set forth the claim or defense for which intervention is sought.

D. Considerations; Conditions.

(1) The Secretary shall consider:

(a) Whether the grounds for the motion meet the criteria for intervention; and

(b) If they do, whether the intervention nonetheless will unduly delay or prejudice the adjudication of the rights of the original parties.

(2) As soon as practicable, the Secretary shall issue an order denying or allowing the intervention.

(3) In an order allowing intervention, the Secretary may place conditions on the intervenor's participation in the proceedings.

E. Judicial Review.

(1) Judicial review of the denial of a motion to intervene may be sought in accordance with law.

(2) The Secretary may stay proceedings pending resolution of a judicial review sought under this section.

Md. Code Regs. 16.02.02.09