§12.89. Participation of nonparties.
21 C.F.R. § 12.89
A nonparty participant may—
Attend all conferences (including the prehearing conference), oral proceedings, and arguments;
Submit written testimony and documentary evidence for inclusion in the record;
File written objections, briefs, and other pleadings; and
Present oral argument.
A nonparty participant may not—
Submit written interrogatories; and
Conduct cross-examination.
A person whose petition is the subject of the hearing has the same right as a party.
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.
Notes, amendments, and revision history
Amendments
[44 FR 22339, Apr. 13, 1979, as amended at 48 FR 51770, Nov. 14, 1983]
Authority
Authority: 21 U.S.C. 141-149, 321-393, 467f, 679, 821, 1034; 42 U.S.C. 201, 262, 263b-263n, 264; 15 U.S.C. 1451-1461; 5 U.S.C. 551-558, 701-721; 28 U.S.C. 2112.
Source
Source: 44 FR 22339, Apr. 13, 1979, unless otherwise noted.
Amendments
[44 FR 22339, Apr. 13, 1979, as amended at 48 FR 51770, Nov. 14, 1983]