D.C. Mun. Regs. tit. 31, r. 31-342

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 31-342 - FORMAL INTERVENTION

342.1

Any person may move to intervene in a proceeding and may become a party thereto if the Chairperson finds that the party may be bound by the order to be entered in the proceeding or that the party has an interest that may not be adequately represented by existing parties; provided, that the intervention would not unduly broaden the issues or delay the proceedings.

342.2

Except for good cause shown, no motion for leave to intervene shall be entertained if filed less than ten (10) days prior to a hearing.

342.3

A motion to intervene shall set forth facts tending to show the following matters, and in passing upon a motion to intervene, the Chairperson shall consider, among other things, the following factors:

(a) The nature of the person's right under any statute to be made a party to the proceeding;

(b) The nature and extent of the interest of the person;

(c) The effect of the order which may be entered in the proceeding on the person's interest;

(d) The extent to which the person's interest will be represented by existing parties;

(e) The extent to which the person's participation may reasonably be expected to assist in the development of a sound record; and

(f) The extent to which participation of such person will broaden the issue or delay the proceeding.

342.4

Any party to a proceeding may file an answer to a motion to intervene, making specific reference to the factors set forth in § 342.3, within ten (10) days after the motion is filed.

342.5

The decision by the Chairperson granting, denying, or otherwise ruling on any motion to intervene may be issued without receiving any testimony or oral argument either from the moving party or other parties to the proceeding.

342.6

Notice of the decision of the Chairperson shall be in the form of an order which shall contain a statement of facts and the reasons for the order, and shall be served on the moving party and any other party who has filed objections to the motion.

342.7

A party to whom a motion to intervene has been granted becomes a party to the proceeding.

D.C. Mun. Regs. tit. 31, r. 31-342

Final Rulemaking published at 34 DCR 6751, 6778 (October 23, 1987)