Code of Massachusetts Regulations
207 CMR - CABLE TELEVISION DIVISION
Title 207 CMR 1.00 - Procedural Rules
Section 1.03 - Appearances; Intervention and Participation: Parties
Universal Citation: 207 MA Code of Regs 207.1
Current through Register 1531, September 27, 2024
(1) Intervention.
(a) Any person who desires to participate in
a proceeding shall file a written petition for leave to intervene or to
participate in the proceeding.
(b)
Form and Contents of Petition. The petition shall
state the name and address of the petitioner. It shall describe the manner in
which the petitioner is substantially and specifically affected by the
proceeding. It shall state the contention of the petitioner, the relief sought
and the statutory or other authority therefor, and the nature of the evidence
the petitioner will present if the petition is granted.
(c)
Filing and Service of
Petition. Unless otherwise provided in the notice of hearing, the
petition must be filed at least seven days prior to the date for hearing. No
petition may be filed or will be acted upon during a hearing unless permitted
by the Commissioner or the Presiding Officer after opportunity for all parties
to object thereto. The petition must be served as required under 207 CMR
1.05(1).
(d)
Answers to
Petitions. A party may file an answer to a petition within five
days after the petition is filed.
(e)
Action on
Petitions. The Commissioner or the Presiding Officer shall rule on
all such petitions and may grant a person leave to intervene as a party in the
whole or any portion of a proceeding or may allow a person who is not a party
to make limited appearance by making an oral or written statement of his or her
position on the issue, or by such other participation as the Commissioner or
the Presiding Officer may determine. Such grant may be conditioned on such
terms as the Commissioner or Presiding Officer may direct. No grant of such
leave to intervene or participate shall be deemed to constitute an expression
by the Department that the person allowed to participate is a party in
interest, who may be aggrieved by any final decision, order, or ruling, unless
the grant explicitly so states.
(2) Parties. As used in 207 CMR 1.00, Party means;
(a) the specifically named persons whose
legal rights, duties, or privileges are being determined in an adjudicatory
proceeding before the Department;
(b) any other person who as a matter of
constitutional right or by any provision of the Massachusetts General Laws is
entitled to participate fully in such proceeding and who enters an
appearance;
(c) any other person
allowed by the Department to intervene as a party.
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