Section 096-3-11 - Public ParticipationMembers of the public may attend hearings. This section governs participation at a hearing.
A.Intervention. The Commissioner, the Board, or the Presiding Officer pursuant to section 4(C)(5) of this rule shall decide petitions for leave to intervene in a licensing proceeding where a decision has been made to hold a hearing.(1) Except as provided in this subsection, any person who wants to participate in a hearing as an intervenor must file a petition for leave to intervene within ten (10) days of the Department's publication of notice of opportunity to intervene, or within such other time as may be specified in the notice. The petition must include: identification of the petitioner, a description of the effect of the proposed activity on the petitioner; specific contentions regarding the subject matter of the hearing and the relevant statutory criteria; the name of the spokesperson for the petitioner; and a statement regarding the ability of the petitioner to participate in the proceeding. If the petitioner is a group or organization, the petition shall include a general description of the purpose and membership of the group or organization. A petition shall be granted if it demonstrates that the petitioner is or may be, or is a member of a class which is or may be, substantially and directly affected by the proceeding. The Department may, at its discretion, allow any other person to intervene and participate as a party to the proceeding. A petition for leave to intervene may be granted to allow participation as a full or limited party to the proceeding.(2) Any state, federal, municipal or other governmental agency that wants to participate as a party shall be granted intervenor status if it files a petition for leave to intervene within ten (10) days of the Department's publication of notice of opportunity to intervene, or within such other time as may be specified in the notice.(3) An appellant and a licensee shall be granted automatic intervenor status in an appeal where the Board has decided to hold a hearing and need not file a petition for leave to intervene.(4) A petition for leave to intervene which is not timely filed will be denied unless the petitioner shows good cause for failure to file on time, including but not limited to failure to receive reasonable notice.(5) An intervenor is a party to the proceeding and has the right to offer testimony and evidence, and conduct cross examination. An intervenor shall be permitted to participate in the hearing, subject, however, to such reasonable terms as the Presiding Officer may direct.(6) Intervenors may be required by the Presiding Officer to consolidate their presentations of evidence and argument in part or in whole if their interests or contentions are substantially similar and such consolidation would expedite or simplify the hearing without prejudice to the rights of any party. A consolidation under this section may be for all purposes of the proceeding, all of the issues of the proceeding, or with respect to any one or more issues thereof.(7) A Presiding Officer shall allow an intervenor to withdraw from participation in a licensing proceeding. The Presiding Officer shall evaluate whether any testimony or evidence presented by the withdrawing party must be stricken from the record because a witness is no longer available for cross-examination or inclusion of evidence would cause undue prejudice to remaining parties. Any decision regarding such materials shall be made in writing by the Presiding Officer, except that any such decision that occurs during the hearing shall be stated on the record.B. Participation by a Non-Intervenor. Any person who is not an intervenor may, at the discretion of the Presiding Officer, attend but not participate in a conference, and participate in a hearing by testifying and presenting evidence and submitting cross-examination questions through the Presiding Officer within such terms and conditions as the Presiding Officer specifies. Written comments submitted at a hearing on a license application, but not testified to, will be included in the application record. Nothing in this rule shall be construed to limit a person's right to submit written comments to the Department in the normal course of application processing.C.State, Federal, Municipal or Other Governmental Agencies. An interested state, federal, municipal or other governmental agency that has not been asked by Department staff to provide assistance in the evaluation of the evidence under section 5 and that has not petitioned for leave to intervene under section 11(A)(2) shall be afforded a reasonable opportunity to participate in a hearing and to introduce evidence and question witnesses. The agency will be permitted such rights as are granted by this subsection only if the representative appearing on behalf of the agency represents the views and positions of the agency. If a governmental agency intends to participate in the hearing as set forth in this section, the agency must notify the Department at least 20 days prior to the start of the hearing. If the agency representative testifies or introduces evidence, the representative shall be available for cross-examination by the parties.06- 096 C.M.R. ch. 3, § 11