Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 1.00 - Procedural Rules
Section 1.03 - Appearances; Intervention and Participation; Parties
Universal Citation: 220 MA Code of Regs 220.1
Current through Register 1537, December 20, 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 Commission or the presiding officer after opportunity for all parties to
object thereto. The petition must be served as required under
220 CMR
1.05(1).
(d)
Answers to
Petitions. A party may file an answer to a petition no later than
five days after the petition is filed.
(e)
Action on
Petitions. The Commission, 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
position on the issue, or by such other participation as the Commission or the
presiding officer may determine. Such grant may be conditioned on such terms as
the Commission 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.
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