Md. Code Regs. 26.01.02.24

Current through Register Vol. 51, No. 20, October 4, 2024

Section 26.01.02.24 - Intervention

A. Upon timely motion under §C, of this regulation, a person shall be permitted to intervene in an action when the person:

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

(2) Claims an interest relating to the property or transaction that is the subject of the action, and the person is so situated that the disposition of the action may as a practical matter impair or impede the ability to protect that interest unless it is adequately represented by existing parties.

B. Upon timely motion under §C, of this regulation, a person may be permitted to intervene in an action when the person's claim or defense has a question of law or fact in common with the action. In exercising this discretion the hearing examiner shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties. Conditions upon the intervenor's participation in the proceedings may be imposed, either at the time that intervention is granted or at any subsequent time. These conditions may include limitations to designated issues or requiring two or more intervenors to combine their presentation of evidence, cross-examination of witnesses, and argument.

C. A person desiring to intervene shall file and serve a motion to intervene at least 15 days before the hearing. The motion shall state the grounds for the motion and shall be accompanied by a statement setting forth the claim or defense for which intervention is sought.

D. If the hearing examiner is not the final decision maker:

(1) The denial of a motion to intervene under §A, of this regulation, is immediately appealable to the final decision maker.

(2) A denial under §B, of this regulation, is immediately appealable to the final decision maker only if the person seeking intervention alleges that the hearing examiner has abused his or her discretion. All other decisions on motions to intervene may be appealed to the final decision maker only as exceptions to the hearing examiner's proposed decision.

Md. Code Regs. 26.01.02.24

Regulations .24 adopted effective October 16, 1989 (16:20 Md. R. 2183)