21 NCAC 68 .0707             PETITION FOR INTERVENTION

(a)  Any person seeking to intervene in a contested case shall file a written petition with the Board.  The envelope of such request shall bear the notation "PETITION TO INTERVENE IN THE CASE OF (NAME OF CASE)."

(b)  The petition shall include the following information:

(1)           Name and address of petitioner;

(2)           Business or occupation of petitioner, where relevant;

(3)           Full identification of the hearing in which petitioner is seeking to intervene;

(4)           Statutory or non-statutory grounds for intervention or if none, so state;

(5)           Any claim or defense, in respect of which intervention is sought; and

(6)           Summary of the arguments or evidence petitioner seeks to present.

(c)  The Board shall mail copies of the petition to the parties to the case, with the costs, at the rate of twenty-five cents (0.25) per page, chargeable to the petitioner.

(d)  Upon the determination of the Board to allow intervention, notice of that decision shall be issued promptly to all parties as to the petitioner.  In cases of discretionary intervention, such notification shall include a statement of any limitations of time, subject matter, evidence or whatever else is deemed necessary, which are imposed on the intervenor.

(e)  Upon the Board's decision to deny intervention, the petitioner shall be notified promptly.  Such notice shall be in writing, shall state all reasons for the decision and shall be issued to the petitioner and to all parties.


History Note:        Authority G.S. 90-113.30; 90-113.39; 90-113.40;

Eff. August 1, 1996.