N.M. Admin. Code § 11.5.5.502

Current through Register Vol. 36, No. 1, January 14, 2025

Section 11.5.5.502 - INTERVENTION

A. Intervention as of right:

(1) In any case, whether initiated by a notice of contest or a petition for modification of abatement period, any affected employee or representative of affected employees may intervene as of right by filing a notice of intervention, in the format illustrated in Section 1015 [now 11.5.5.1015 NMAC], at any time prior to commencement of the commission's hearing on the merits or filing of a settlement agreement, whichever is earlier.

(2) Any party who believes that a notice of intervention has been filed by a person not entitled to intervene as of right under this Subsection may, within five (5) days after being served with the notice of intervention, move to strike the notice of intervention.

B. Permissive intervention: Any person not entitled to intervene as of right pursuant to Subsection A of this Section may file a motion to intervene, pursuant to SCRA 1986, 1-024.B, at least five (5) days prior to commencement of the commission's hearing on the merits or filing of a settlement agreement, whichever is earlier.

C. Untimely intervention: No intervention shall be allowed after expiration of the time limits specified in Subsections A and B or this Section unless the person seeking to intervene demonstrates, to the commission's satisfaction, that there was good cause for failure to intervene within such time limits.

D. Withdrawal of intervention: An intervenor may unilaterally and unconditionally withdraw from the case at any time prior to final resolution by filing a notice of withdrawal of intervention in the format illustrated in Section 1016 [now 11.5.5.1016 NMAC].

N.M. Admin. Code § 11.5.5.502

1/1/83, 1/1/94, 1/1/96; Recompiled 11/30/01