21 NCAC 54 .2307. TYPES OF INTERVENTION

(a)  Intervention of Right.  A petition to intervene 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 his petition is timely.  If allowing the petition would cause substantial prejudice to the rights of the parties, substantial added expense or compellingly serious inconvenience to the parties or the office of the Board, the petition to intervene will be deemed untimely.

(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 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)  The Board may allow discretionary intervention, with whatever limits and restrictions it deems appropriate.  Upon the filing of a timely petition, discretionary intervention will be deemed advisable if:

(1)           the information the petitioner desires to present is relevant and not repetitious or cumulative;

(2)           the petitioner would lend added impact to the arguments of the parties.

 

History Note:        Authority G.S. 1A‑1, Rule 24; 90‑270.9; 150B‑38(f);

Eff. August 1, 1984.