[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR81.7]

[Page 219]
 
                           TITLE 34--EDUCATION
 
PART 81--GENERAL EDUCATION PROVISIONS ACT--ENFORCEMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec.  81.7  Non-party participation.

    (a) A person or organization, other than a party, that wishes to 
participate in a case shall file an application to participate with the 
ALJ assigned to the case. The application must--
    (1) Identify the case in which participation is sought;
    (2) State how the applicant's interest relates to the case;
    (3) State how the applicant's participation would aid in the 
disposition of the case; and
    (4) State how the applicant seeks to participate.
    (b) The ALJ may permit an applicant to participate if the ALJ 
determines that the applicant's participation--
    (1) Will aid in the disposition of the case;
    (2) Will not unduly delay the proceedings; and
    (3) Will not prejudice the adjudication of the parties' rights.
    (c) If the ALJ permits an applicant to participate, the ALJ permits 
the applicant to file briefs.
    (d)(1) In addition to the participation described in paragraph (c) 
of this section, the ALJ may permit the applicant to participate in any 
or all of the following ways:
    (i) Submit documentary evidence.
    (ii) Participate in an evidentiary hearing afforded the parties.
    (iii) Participate in an oral argument afforded the parties.
    (2) The ALJ may place appropriate limits on an applicant's 
participation to ensure the efficient conduct of the proceedings.
    (e) A non-party participant shall comply with the requirements for 
parties in Sec.  81.11 and Sec.  81.12.

(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), and 3474(a))