Rules of Practice and Procedure 04-25-13

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Whenever a person or agency has a right or is required to take action within a period prescribed or allowed by these rules, other than the filing of documents,the Commission may,upon motion and the concurrence of a majority of all the members to which the Commission is entitled,permit the act to be done after expiration of the specified period if the Commission determines that there is good cause for an extension of time or that the delinquency is clearly shown to have been the result of excusable neglect. This section shall apply to an act properly before the Commission. 2-6 Service of Process. (a) By Whom Served. The Commission shall cause to be served any order,notice, or other papers issued by it,together with any other papers that the Commission is required by law to serve. Any other paper or document shall be served by the party filing the paper or document. (b) Upon Whom Served. Any paper or document served by either the Commission or any party shall be served upon all parties or their representatives. Any counsel or representative entering an appearance subsequent to the proceeding shall notify all other counsel or representatives then of record and all parties not represented by counsel of such fact. (c) Service upon Parties. The final order, and any other paper or document required to be served by the Commission upon a party, shall be served upon the party and a copy shall be furnished to the party's representative or counsel of record. (d) Method of Service. Service of papers or documents shall be made personally, by first-class mail, or by other means authorized by law. (e) When Service Complete. Service upon parties, other than the Commission, shall be regarded as complete when the document is properly stamped and properly addressed to the parties involved and deposited in the United States mail. (f) Additional Time after Service by Mail. Whenever a party has the right to do some act or take some proceedings within a prescribed period after the service of a notice, paper, or document is served upon that person by mail, two days shall be added to the prescribed period. 2-7 Intervention. (a) Petition to Intervene; Filing. In any proceeding, a petition to intervene and become a party shall conform to sections 2-2, 2-4 and 2-6 of these rules and shall be filed with the Commission. The petition to intervene shall be filed at least ten days prior to the date of the scheduled hearing. (b) Who May Intervene. (1 )Any department or agency of the State or the County shall be admitted as a party upon timely application for intervention. (2) Any person who has some property interest in the land, who lawfully resides on the land, or who can demonstrate that that person will be so directly and 7-9