Current through September 30, 2024
Section 12.89 - Participation of nonparties(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