Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 1.00 - Rules For The Conduct Of Adjudicatory Proceedings › Section 1.05 - Intervention

Current through Register 1525, July 5, 2024
(1)
Parties.
(a) Any person who desires to intervene as a
			 party in any proceeding shall file a written petition to intervene as a
			 party.
(b) If a petitioner desires
			 to intervene pursuant to M.G.L. c. 30A, § 10, the petition shall state the
			 name and address of the petitioner, the manner in which the petitioner is
			 substantially and specifically affected by the proceeding, the representative
			 capacity, if any, in which the petition is brought, and shall state the
			 contention of the petitioner and the purpose for which intervention is
			 requested.
(c) If ten or more
			 persons desire to intervene pursuant to M.G.L. c. 30A, § 10A, the petition
			 shall state the names and addresses of the petitioners, the representative
			 capacity, if any, in which the petition is brought, and the damage to the
			 environment as defined in M.G.L. c. 214, § 7A that is or might be at
			 issue. Intervention pursuant to M.G.L. c. 30A, § 10A shall be limited to
			 the issue of damage to the environment and the elimination or reduction thereof
			 in order that any decision in such proceeding shall include the disposition of
			 such issue.
(d) Each petitioner
			 under M.G.L. c. 30A, § 10A shall file an affidavit stating the intent to
			 be part of the group and to be represented by its authorized
			 representative.
(e) In accordance
			 with M.G.L. c. 30A, § 10A, an intervenor pursuant to M.G.L. c. 30A, §
			 10A may introduce evidence, present witnesses and make written or oral
			 argument, excepting that the Presiding Officer may exclude repetitive or
			 irrelevant material.
(f) The
			 Presiding Officer shall rule on the petitions to intervene as a party under
			 M.G.L. c. 30A, §§ 10 and 10A, and may condition any allowance of a
			 petition on such reasonable terms as he or she may set or as otherwise required
			 by law.
(g) Persons who are granted
			 leave to intervene as a party must comply with all requirements of
			 980 CMR 1.00 and with all
			 directives of the Presiding Officer. In addition, parties may be required to
			 respond to discovery by the Presiding Officer and by other parties if allowed
			 by the Presiding Officer after motion.
(h) Generally, the rights of a person who is
			 granted leave to intervene as a party include the right to present witnesses,
			 the right to cross-examine witnesses, the right to file a brief, the right to
			 file comments on a tentative decision and the appellate status as a party in
			 interest who may be aggrieved by any final decision. In addition, persons who
			 are granted leave to intervene as a party may also be afforded an opportunity
			 to issue discovery and to present oral or written comments regarding a
			 tentative decision under such conditions as the Board may provide.
(i) Except for an individual appearing pro
			 se, all parties to a proceeding shall be represented by an attorney in good
			 standing. The Presiding Officer may grant a waiver for good cause shown. A
			 request for a waiver shall include:
1. an
			 affidavit stating the good cause and naming a duly authorized representative;
			 and
2. an affidavit by the duly
			 authorized representative accepting the appointment and certifying that he or
			 she will abide by the procedural rules set forth in 980 CMR and the Presiding
			 Officer's directives.