[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-30.24]

[Page 163]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
   CHAPTER 60--OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL 
                         EMPLOYMENT OPPORTUNITY,
                           DEPARTMENT OF LABOR
 
PART 60-30--RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS TO ENFORCE EQUAL OPPORTUNITY UNDER EXECUTIVE ORDER 11246--Table of Contents
 
Sec. 60-30.24  Participation by interested persons.

    (a)(1) To the extent that proceedings hereunder involve employment 
of persons covered by a collective bargaining agreement, and compliance 
may necessitate a revision of such agreement, any labor organization 
which is a signatory to the agreement shall have the right to 
participate as a party.
    (2) Other persons or organizations shall have the right to 
participate as parties if the final Administrative order could adversely 
affect them or the class they represent, and such participation may 
contribute materially to the proper disposition of the proceedings.
    (3) Any person or organization wishing to participate as a party 
under this section shall file with the Administrative Law Judge and 
serve on all parties a petition within 25 days after the commencement of 
the action or at such other time as ordered by the Administrative Law 
Judge, so long as it does not disrupt the proceeding. Such petition 
shall concisely state: (i) Petitioner's interest in the proceedings; 
(ii) who will appear for petitioner; (iii) the issues on which 
petitioner wishes to participate; and (iv) whether petitioner intends to 
present witnesses.
    (4) The Administrative Law Judge shall determine whether each 
petitioner has the requisite interest in the proceedings and shall 
permit or deny participation accordingly. Where petitions to participate 
as parties are made by individuals or groups with common interest, the 
Administrative Law Judge may request all such petitioners to designate a 
single representative to represent all such petitioners: Provided, That 
the representative of a labor organization qualifying to participate 
under paragraph (a)(1) of the section must be permitted to participate 
in the proceedings. The Administrative Law Judge shall give each 
petitioner written notice of the decision on his petition; and if the 
petition is denied, he shall briefly state the grounds for denial and 
shall then treat the petition as a request for participation as amicus 
curiae. The Administrative Law Judge shall give written notice to each 
party of each petition granted.
    (b)(1) Any other interested person or organization wishing to 
participate as amicus curiae shall file a petition before the 
commencement of the final hearing with the Administrative Law Judge. 
Such petition shall concisely state: (i) The petitioner's interest in 
the hearing; (ii) who will represent the petitioner; and (iii) the 
issues on which petitioner intends to present argument. The 
Administrative Law Judge may grant the petition if he finds that the 
petitioner has a legitimate interest in the proceedings, and that such 
participation may contribute materially to the proper disposition of the 
issues. An amicus curiae is not a party but may participate as provided 
in this section.
    (2) An amicus curiae may present a brief oral statement at the 
hearing at the point in the proceeding specified by the Administrative 
Law Judge. He may submit a written statement of position to the 
Administrative Law Judge prior to the beginning of a hearing and shall 
serve a copy on each party. He may also submit a brief or written 
statement at such time as the parties submit briefs and exceptions, and 
he shall serve a copy on each party.

[43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978]

                         Post-Hearing Procedures