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.
Code of Federal Regulations
[44 FR 22339, Apr. 13, 1979, as amended at 48 FR 51770, Nov. 14, 1983]