§ 12.89. Participation of nonparties.

143 words·~1 min read·/us/cfr/t21/s§ 12.89

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A nonparty participant may—

(1)Attend all conferences (including the prehearing conference), oral proceedings, and arguments;

(2)Submit written testimony and documentary evidence for inclusion in the record;

(3)File written objections, briefs, and other pleadings; and

(4)Present oral argument.

(b)A nonparty participant may not—

(1)Submit written interrogatories; and

(2)Conduct cross-examination.

(c)A person whose petition is the subject of the hearing has the same right as a party.

(d)A nonparty participant will be permitted additional rights if the presiding officer concludes that the participant's interests would not be adequately protected otherwise or that broader participation is required for a full and true disclosure of the facts, but the rights of a nonparty participant may not exceed the rights of a party. [44 FR 22339, Apr. 13, 1979, as amended at 48 FR 51770, Nov. 14, 1983]