(a) Explanation.
- (1) Consolidation may occur where two or more parties have cases which should be united because they contain identical or similar issues or in such other circumstances as justice requires.
- (2) Joinder may occur where one person has two or more petitions pending and they are united for consideration. For example, a single petitioner who has one petition pending challenging a 30-day suspension and another petition pending challenging a subsequent dismissal might have the cases joined.
- (b) Action by administrative judge. An administrative judge may consolidate or join cases on their own initiative or on the motion of a party if to do so would expedite processing of the cases and not adversely affect the interests of the parties.
[58 FR 61992, Nov. 23, 1993, as amended at 68 FR 69301, Dec. 12, 2003; 89 FR 51399, June 18, 2024]