§ 148.240. How does a State or a person intervene in a formal hearing?
215 words·~1 min read·
/us/cfr/t33/s§ 148.240·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any person or Adjacent Coastal State may intervene in a formal hearing.
(b)A person must file a petition of intervention within 10 days of notice that the formal hearing is issued. The petition must:
(1)Be addressed to the Administrative Law Judge
(ALJ)Docketing Center;
(2)Identify the issues and the petitioner's interest in those issues; and
(3)Designate the name and address of a person who can be served if the petition is granted.
(c)An adjacent coastal State need only file a notice of intervention with the ALJ Docketing Center.
(d)The ALJ has the authority to limit the scope and period of intervention during the proceeding.
(e)If the ALJ denies a petition of intervention, the petitioner may file a notice of appeal with the ALJ Docketing Center within 7 days of the denial.
(1)A brief may be submitted with the notice of appeal.
(2)Parties who wish to file a brief in support of or against the notice of appeal may do so within 7 days of filing the notice.
(f)The Commandant (CG-5P) will rule on the appeal. The ALJ does not have to delay the proceedings for intervention appeals. \[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39177, July 1, 2013\]