§148.240. How does a State or a person intervene in a formal hearing?
33 C.F.R. § 148.240
Any person or Adjacent Coastal State may intervene in a formal hearing.
A person must file a petition of intervention within 10 days of notice that the formal hearing is issued. The petition must:
Be addressed to the Administrative Law Judge (ALJ) Docketing Center;
Identify the issues and the petitioner's interest in those issues; and
Designate the name and address of a person who can be served if the petition is granted.
An adjacent coastal State need only file a notice of intervention with the ALJ Docketing Center.
The ALJ has the authority to limit the scope and period of intervention during the proceeding.
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.
A brief may be submitted with the notice of appeal.
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.
The Commandant (CG-5P) will rule on the appeal. The ALJ does not have to delay the proceedings for intervention appeals.
Notes, amendments, and revision history
Amendments
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39177, July 1, 2013]
Authority
Authority: 33 U.S.C. 1504; Department of Homeland Security Delegation No. 0170.1 (75).
Source
Source: USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, unless otherwise noted.
Amendments
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39177, July 1, 2013]