---
kind: "section"
citation: "21 C.F.R. § 12.89"
title: "21"
number: "12.89"
heading: "Participation of nonparties."
url: "https://uscodex.org/cfr/21/12.89"
---

# §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.

## Notes

### 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]