---
kind: "section"
citation: "33 C.F.R. § 20.404"
title: "33"
number: "20.404"
heading: "Interested persons."
url: "https://uscodex.org/cfr/33/20.404"
---

# §20.404. Interested persons.

- (a) Any person not a party to a class II civil penalty proceeding under [33 U.S.C. 1321(b)(6)](/usc/33/1321.md?p=b-6) who wishes to be an interested person in the proceeding shall, 30 days or less after publication in the Federal Register of the public notice required by [§ 20.402](/cfr/33/20.402.md), file with the Hearing Docket Clerk either—
  - (1) Written comments on the proceeding; or
  - (2) **Written notice of intent to present evidence at any hearing in the proceeding.**
- (b) The presiding ALJ may, for good cause, accept late comments or late notice of intent to present evidence.
- (c) Each interested person shall receive notice of any hearing due in the proceeding and of the decision in the proceeding. He or she may have a reasonable opportunity to be heard and to present evidence in any hearing.
- (d) **The opportunity secured by paragraph (c) of this section does not extend to—**
  - (1) The issuance of subpoenas for witnesses;
  - (2) The cross-examination of witnesses; or
  - (3) **Appearance at any settlement conference.**

## Notes

### Authority

Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 7701, 7702; Department of Homeland Security Delegation No. 0170.1, para. 2(73).

### Source

Source: CGD 98-3472, 64 FR 28062, May 24, 1999, unless otherwise noted.