---
kind: "section"
citation: "34 C.F.R. § 81.7"
title: "34"
number: "81.7"
heading: "Non-party participation."
url: "https://uscodex.org/cfr/34/81.7"
---

# §81.7. Non-party participation.

- (a) A person or organization, other than a party, that wishes to participate in a case shall file an application to participate with the ALJ assigned to the case. The application must—
  - (1) Identify the case in which participation is sought;
  - (2) State how the applicant's interest relates to the case;
  - (3) State how the applicant's participation would aid in the disposition of the case; and
  - (4) **State how the applicant seeks to participate.**
- (b) The ALJ may permit an applicant to participate if the ALJ determines that the applicant's participation—
  - (1) Will aid in the disposition of the case;
  - (2) Will not unduly delay the proceedings; and
  - (3) **Will not prejudice the adjudication of the parties' rights.**
- (c) If the ALJ permits an applicant to participate, the ALJ permits the applicant to file briefs.
- (d)
  - (1) In addition to the participation described in [paragraph (c)](#c) of this section, the ALJ may permit the applicant to participate in any or all of the following ways:
    - (i) **Submit documentary evidence.**
    - (ii) **Participate in an evidentiary hearing afforded the parties.**
    - (iii) **Participate in an oral argument afforded the parties.**
  - (2) The ALJ may place appropriate limits on an applicant's participation to ensure the efficient conduct of the proceedings.
- (e) A non-party participant shall comply with the requirements for parties in [§ 81.11](/cfr/34/81.11.md) and [§ 81.12](/cfr/34/81.12.md).

## Notes

### Authority

Authority: 20 U.S.C. 1221e-3, 1234-1234i, and 3474(a), unless otherwise noted.

### Source

Source: 54 FR 19512, May 5, 1989, unless otherwise noted.