Participation of nonparties.

§ 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]