Section R2-19-109. Consolidation or Severance of Matters

A.      Standards for consolidation. An administrative law judge may order consolidation of pending matters, if:

1.        There are substantially similar factual or legal issues, or

2.        All parties are the same.

B.       Determination. When different administrative law judges are assigned to the matters that are the subject of the motion for consolidation, the motion shall be filed with the administrative law judge assigned to the matter with the earliest pending hearing date.

C.      Order. The administrative law judge shall send a written ruling granting or denying consolidation to all parties, identifying the cases, the reasons for the decision, and notification of any con- solidated prehearing conference or consolidated hearing. The administrative law judge shall designate the controlling docket number and caption to be used on all future documents.

D.      Severance. The administrative law judge may sever consoli- dated matters to further administrative convenience, expedi- tion, and economy, or to avoid undue prejudice. Severance may be ordered upon the administrative law judge’s own review, or a party’s motion.

Historical Note

Section adopted by final rulemaking at 5 A.A.R. 563, effective February 3, 1999 (Supp. 99-1).