04 NCAC 16A .0405. INTERVENTION IN AN ADMINISTRATIVE HEARING

(a)  Petition to Intervene.  A petition to intervene may be permitted if timely and if the petition meets the criteria set forth in G.S. 1A-1, Rule 24(b).

(b)  Intervention Criteria.  In addition, the Commissioner of Banks, in his discretion, may allow intervention or limited intervention when:

(1)           Similar rights will be affected;

(2)           Intervention will not confuse issues;

(3)           Issues are the same or similar to the issue in question;

(4)           Intervention is in the public interest; and

(5)           Intervention will not prejudice the rights of parties.

(c)  Form of Petition.  A petition to intervene shall contain the name of the petitioner, the title of the hearing, the date and time of the hearing, if known, and the grounds for intervention.  The petition for intervention shall be addressed to all parties affected thereby and to the Division at its mailing address.

(d)  Notice of Intervention.  If the Commissioner of Banks allows intervention, notice of that decision shall be issued within 30 days to all parties and to the petitioner.  Notification shall include a statement of any limitation of time, subject matter, evidence, or other limitations imposed on the intervenor.  If the Commissioner of Banks' decision is to deny intervention, the petitioner shall be notified within 30 days.

 

History Note:        Authority G.S. 53-93; 150B-38;

Eff. July 1, 1990;

Amended Eff. December 1, 2011.