S.C. R. P. Admin. Law. Ct. 20

As amended through June 24, 2024
Rule 20 - Intervention
A. Motions for Intervention. A motion for leave to intervene shall be served on all parties and shall state the grounds for the proposed intervention, the position and interest of the proposed intervenor, and the possible impact of the intervention on the proceedings.
B. Grounds for Intervention. Any person may intervene in any pending contested case hearing upon a showing that:
(1) the movant will be aggrieved or adversely affected by the final order;
(2) the interests of the movant are not being adequately represented by existing parties, or that it is otherwise entitled to intervene;
(3) that intervention will not unduly prolong the proceedings or otherwise prejudice the rights of existing parties.
C. Time for Motion for Intervention. The motion for leave to intervene shall be filed as early in the proceedings as possible to avoid adverse impact on the existing parties or the disposition of the proceedings. Unless otherwise ordered by the administrative law judge, the motion to intervene shall be filed at least twenty (20) days before the hearing. Any later motion shall contain a statement of good cause for the failure to intervene earlier.
D. Conditions of Intervention. A person granted leave to intervene is a party to the proceeding. The intervenor shall be bound by any agreement, arrangement or other matter previously determined in the case. The order granting intervention may restrict the issues to be raised or otherwise condition the intervenor's participation in the proceeding. If appropriate, the administrative law judge may order consolidation of petitions and briefs and limit the number of representatives allowed to participate in the proceedings.

S.C. R. P. Admin. Law. Ct. 20

2013 Revised Notes

This rule contains the standard for intervention and specifically provides that the intervenor's participation can be limited in the discretion of the administrative law judge. The rule encourages early joinder of parties and requires a good cause explanation if intervention is sought immediately before the hearing. Rule 20(A) was amended in 2013 to delete the requirement that a proposed answer or position in intervention must be attached to a motion for leave to intervene.