Section 6-B613. INTERVENTION  


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  • 613.1Any person or District of Columbia government agency may seek to intervene in an appeal by filing a motion. The motion shall state why the person or agency believes intervention is warranted. After allowing the original parties a reasonable period of time in which to respond, the Administrative Judge may permit the movant to intervene if the movant has an interest that may be affected by the final disposition of the case and the movant’s:

    (a) Interest will not be represented by the existing parties;

     

    (b) Participation may reasonably be expected to assist in the development of a proper record; and

     

    (c) Participation will not broaden the issues, resulting in prejudicial delay of the proceeding.

     

    613.2An intervener shall be considered a full party to the proceedings and shall have the same rights and duties as a party, except that the intervener:

    (a) Shall not have an independent right to a hearing;

     

    (b) May participate only on the issues affecting them as determined by the Administrative Judge; and

     

    (c) Shall have no right to an award of attorney fees under § 634.

     

authority

The Chairperson of the Office of Employee Appeals in accordance with §602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-606.02(a)(5) (2006 Repl.).

source

As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2136 (March 16, 2012).

EditorNote

Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606-635 were renamed, and section 636 was repealed.