Section 3-414. INTERVENTION

 

414.1Upon timely application, a person may be permitted to intervene in an action before the Board in the following circumstances:

 

(a)When the intervenor claims an interest relating to the transaction which is the subject of the action and he or she is so situated that the disposition of the action may as a practical matter impair or impede his or her ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties;

 

(b)When the intervenor’s claim or defense has a common question of law or fact with the pleadings; or

 

(c)In the case of a challenge to a summary statement and short title of a proposed Charter amendment, any person or group may intervene in the proceeding to respond to allegations made in the complaint, or to initiate their own challenge to the Board’s summary statement and short title.

 

414.2When a party to an action relies upon a claim or defense based upon any statute or executive order administered by a federal or state governmental officer or agency or upon any regulation, order, requirement, or agreement issued or made pursuant to the statute or executive order, the Board may permit the officer or agency, upon timely application, to intervene in the action.

 

414.3The Board, in exercising its discretion, shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

 

414.4A person desiring to intervene shall serve a motion to intervene upon the parties in the manner provided in § 404.

 

414.5A motion to intervene shall state the grounds for intervention and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.

 

authority

The District of Columbia Election Code of 1955, approved August 12, 1955, as amended (69 Stat. 699; D.C. Official Code § 1-1001.05(a)(14).

source

Final Rulemaking published at 45 DCR 432 (January 23, 1998).