Intervention, Joinder, Consolidation and Severance

PURPOSE: This rule describes the procedure for intervention by or joinder of other parties, and the consolidation or severance of matters. (1) Intervention. (A) Upon timely written application, the director shall permit any party to intervene in a proceeding, subject to the necessity for conducting an orderly and expeditious hearing, when either of the following conditions is met: 1. When the party is so situated that the party will be adversely affected by a final order arising from the hearing; or 2. When a party’s circumstances and the hearing proceeding have a question of law or fact in common. (B) Two (2) copies of a petition for intervention shall be filed with the director and one (1) copy served on each additional party no later than forty-eight (48) hours prior to the date set for hearing of the matters set forth in the notice of hearing. The director may permit later intervention when there is good cause for the delay. (C) An intervenor shall have all the rights of an original party, except that the director, in the order allowing intervention, may provide that the applicant shall be bound by orders entered or by evidence received, that the applicant shall not raise issues which might more properly have been raised at an earlier stage of the proceeding, that the applicant shall not raise new issues or add new parties or that in other respects the applicant shall not interfere with the control of the hearing, as justice and the avoidance of undue delay may require. (2) Joinder of Additional Parties. Upon motion by any party, the director may join another person if doing so will facilitate the convenient, expeditious and complete determination of matters already raised in the proceeding. (3) Consolidation and Severance of Matters. In the interest of convenient, expeditious and complete determination of matters, the director may consolidate or sever proceedings involving any number of parties. AUTHORITY: sections 354.120 and 374.045, RSMo 2000 and sections 374.705, 376.1528, and 385.218, RSMo Supp. 2007. Original rule filed Sept. 5, 2007, effective May 30, 2008. *Original authority: 354.120, RSMo 1973, amended 1983, 1993, 1995; 374.045, RSMo 1967, amended 1993, 1995; 374.705, RSMo 1983, amended 1993, 2004; 376.1528, RSMo 2007; and 385.218, RSMo 2007.