(a) Consolidation.
(1) On the motion of any party, or on the
ALJ’s own motion, the ALJ may consolidate, for some or all purposes,
any two or more proceedings, if each such proceeding involves or arises
out of the same transaction, occurrence, or series of transactions
or occurrences, or involves at least one common respondent or a material
common question of law or fact, unless such consolidation would cause
unreasonable delay or injustice.
(2) In the event of consolidation under
paragraph (a)(1) of this section, appropriate adjustment to the prehearing
schedule must be made to avoid unnecessary expense, inconvenience,
or delay.
8-065.1
(b) Severance. The ALJ may, upon the motion of any party, sever the proceeding
for separate resolution of the matter as to any respondent only if
the ALJ finds:
(1) Undue prejudice or injustice to the
moving party would result from not severing the proceeding; and
(2) Such undue prejudice
or injustice would outweigh the interests of judicial economy and
expedition in the complete and final resolution of the proceeding.
