[Code of Federal Regulations]
[Title 21, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR12.89]
[Page 125]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES
PART 12 FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents
Subpart E Hearing Procedures
Sec. 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.
[44 FR 22339, Apr. 13, 1979, as amended at 48 FR 51770, Nov. 14, 1983]
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