04 NCAC 06B .0505          INTERVENTION IN AN ADMINISTRATIVE HEARING

(a)  Petition to Intervene.  A petition to intervene may be permitted if timely and if the petition meets the criteria set forth in G.S. 1A‑1, Rule 24(b).

(b)  Intervention Criteria.  In addition, the Administrator, in his discretion, may allow intervention or limited intervention when:

(1)           Similar rights will be affected;

(2)           Intervention will not confuse issues;

(3)           Issues are the same or similar to the issue in question;

(4)           Intervention is in the public interest; and

(5)           Intervention will not prejudice the rights of parties.

(c)  Form of Petition.  A petition to intervene shall contain the name of the petitioner, the title of the hearing, the date and time of the hearing, if known, and the grounds for intervention.  The petition for intervention shall be addressed to all parties affected thereby and to the Division at its mailing address.

(d)  Notice of Intervention.  If the Administrator allows intervention, notice of that decision shall be issued promptly to all parties and to the petitioner.  Notification will include a statement of any limitation of time, subject matter, evidence, or other limitations imposed on the intervenor.  If the Administrator's decision is to deny intervention, the petitioner will be notified promptly.

History Note:        Authority G.S. 1A‑1; 150B‑38;

Eff. June 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.