Code of Massachusetts Regulations
360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY
Title 360 CMR 1.00 - Adjudicatory Proceedings
HEARING RULES
Section 1.23 - Intervention and Participation

Universal Citation: 360 CMR 1.00 MA Code of Regs 1.23

Current through Register 1531, September 27, 2024

(1) Intervention. Any Person not initially a Party to the Proceeding may file a timely motion to intervene as a Party in the whole or a portion of the Proceeding. The Presiding Officer shall allow the motion if the moving Party establishes:

(a) that he is substantially and specifically affected by the Proceeding;

(b) he is so situated that the disposition of the Proceeding may as a practical matter impair or impede his ability to protect the interest affected by the Proceeding and his interest is not adequately represented by existing Parties; or

(c) that he has a constitutional or statutory right to intervene.

(2) Participation. Any interested Person not initially a Party to the Proceeding may file a timely motion to participate in the Proceeding by arguing orally at the close of the hearing and filing such written memoranda of law as the Presiding Officer deems appropriate. The decision to allow a Person to participate shall rest within the discretion of the Presiding Officer and shall be based upon a consideration of whether the Person will be affected by the outcome of the Proceeding. Permission to participate shall be limited to the right to argue orally at the close of the hearing and the right to file a brief. Permission to participate, unless otherwise stated, shall not be deemed to constitute an expression that the Person allowed to participate is a Party in interest who may be aggrieved by any Final Decision. A Person who moved to intervene and who was allowed only to participate may do so without waiving his right to administrative or judicial review of the denial of said motion to intervene.

(3) Form and Content of Motion. A motion to intervene or participate shall state the name and address of the Person seeking to intervene or participate. If the motion is filed by a group of persons seeking to intervene collectively as a group pursuant to an applicable statute, the motion shall state the name and address of each Person in the group and shall identify the group's attorney or the Authorized Representative. Any Paper served on the group's attorney or Authorized Representative shall be deemed served on the entire group; if no representative is specifically stated in the motion, the first Person mentioned in the motion as a member of the group shall be deemed the representative of the group.

(4) Timing of the Motion. A motion to intervene or participate shall state the grounds for the motion and set forth the claim or defense as to which intervention or participation is sought. Unless an applicable statute provides a date for filing, the Presiding Officer may establish a date for the filing of such motions to intervene or participate.

(5) Rights of Intervenors. Every Person or group of Persons permitted to intervene as a Party, shall have all the rights of and be subject to all limitations imposed upon a Party; however, the Authority or Presiding Officer may exclude repetitive or irrelevant material. Every motion to intervene shall be treated as a motion in the alternative to participate.

(6) Intervention to Protect the Environment. Pursuant to M.G.L. c. 30A, § 10A, any group of ten or more Persons may intervene collectively as a Party in any Adjudicatory Proceeding in which damage to the environment, as defined in M.G.L. c. 214, § 7A, is or might be at issue; provided however, that such intervention shall be limited to the issue of damage to the environment and the elimination or reduction thereof in order that any decision in such Adjudicatory Proceeding shall include the disposition of such issue. Such intervention shall be by motion filed in accordance with 360 CMR 1.21(1). The motion shall state the name and address of each of the ten or more Persons in the group. The motion shall also separately state the name and address of that member of the group, the group's attorney, or the group's other agent who will be the group's representative before the Authority. Said representative shall have the sole authority to sign Papers for the group and to accept service for the group. Any Paper served on the representative of the group shall be deemed served on the entire group. If no representative is identified specifically in the motion, the first person mentioned in the motion as a member of the group shall be deemed the representative of the group. A group that intervenes as a Party shall be collectively deemed a Party as defined in 360 CMR 1.00, and shall have all of the rights and privileges, duties and responsibilities of a Party as set forth in 360 CMR 1.00, except as limited by 360 CMR 1.23.

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