§101.403. Joinder of Parties

a)         The Board, on its own motion or the motion of any party, may add a person as a party to any adjudicatory proceeding if:

 

1)         A complete determination of a controversy cannot be had without the presence of the person who is not already a party to the proceeding;

 

2)         The person who is not already a party to the proceeding has an interest that the Board's order may affect; or

 

3)         It may be necessary for the Board to impose a condition on the person who is not already a party to the proceeding.

 

b)         The Board will not dismiss an adjudicatory proceeding for misjoinder of parties.  The Board will not dismiss an adjudicatory proceeding for nonjoinder of persons who must be added to allow the Board to decide an action on the merits without first providing a reasonable opportunity to add the persons as parties.  As justice may require, the Board may add new parties and dismiss misjoined parties at any stage of an adjudicatory proceeding.