---
kind: "section"
citation: "40 C.F.R. § 179.42"
title: "40"
number: "179.42"
heading: "Notice of participation."
url: "https://uscodex.org/cfr/40/179.42"
---

# §179.42. Notice of participation.

- (a) OCSPP shall be a party to a hearing under this part. Any other person may participate as a party in such a hearing to the extent specified by this section.
- (b) A person desiring to participate in a hearing must file with the hearing clerk within 30 days after publication of the Notice of Hearing under [§ 179.20](/cfr/40/179.20.md), a Notice of Participation in the following form:
- (c) An amendment to a Notice of Participation must be filed with the hearing clerk and served on all parties.
- (d) No person may participate in a hearing who has not filed a written Notice of Participation or whose participation has been stricken under [paragraph (f)](#f) of this section.
- (e) The presiding officer may permit the late filing of a Notice of Participation upon a showing of good cause. Arrangements and agreements previously made in the proceeding shall apply to any party admitted late.
- (f) The presiding officer may strike the participation of a person for failure to comply with any requirement of this subpart. Any person whose participation is striken may obtain interlocutory review thereof by the Administrator.

## Notes

### Amendments

[55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 77 FR 46292, Aug. 3, 2012]

### Authority

Authority: 21 U.S.C. 346a, 371(a); Reorg. Plan No. 3 of 1970.

### Source

Source: 55 FR 50293, Dec. 5, 1990, unless otherwise noted.

### Amendments

[55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 77 FR 46292, Aug. 3, 2012]