§ 12.89 - Participation of nonparties.

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A nonparty participant may—

Attend all conferences (including the prehearing conference), oral proceedings, and arguments;

Submit written testimony and documentary evidence for inclusion in the record;

File written objections, briefs, and other pleadings; and

Present oral argument.

A nonparty participant may not—

Submit written interrogatories; and

Conduct cross-examination.

A person whose petition is the subject of the hearing has the same right as a party.

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.