21 N.C. Admin. Code 42L.0110

Current through Register Vol. 39, No. 9, November 1, 2024

Section 42L .0110 - TYPES OF INTERVENTION

(a) Intervention of Right. A petition to intervene as of right, as provided in the North Carolina Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the criteria of that rule and the petition is timely.

(b) Permissive Intervention. A petition to intervene permissively, as provided in the North Carolina Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the criteria of that rule and the Board determines that:

(1) There is sufficient legal or factual similarity between the petitioner's claimed rights, privileges, or duties and those of the parties to the hearings; and

(2) Permitting the petitioner to intervene as a party would aid the purpose of the hearing.

(c) Discretionary Intervention. The Board may allow discretionary intervention, with whatever limits and restrictions are deemed appropriate.

21 N.C. Admin. Code 42L .0110

Authority G.S. 90-117.5; 150B-11; 150B-38;
Eff. June 1, 1989;
Renumbered from 21 NCAC 42L .0009 Eff. April 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.

Authority G.S. 90-117.5; 150B-11; 150B-38;
Eff. June 1, 1989;
Renumbered from 21 NCAC 42L .0009 Eff. April 1, 1993.