21 NCAC 40 .0416             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 hearing; and

(2)           Permitting intervention by the petitioner 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.

History Note:        Authority G.S. 90‑239; 150B‑11; 150B‑38;

Eff. May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 22, 2018.