[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR18b.17]

[Page 52]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 18b--PRACTICE AND PROCEDURE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 
1964 AND PART 18 OF THIS CHAPTER--Table of Contents
 
Sec. 18b.17  Amici curiae.

    (a) Any interested person or organization may file a petition to 
participate in a proceeding as an amicus curiae. Such petition shall be 
filed prior to the prehearing conference, or if none is held, before the 
commencement of the hearing, unless the petitioner shows good cause for 
filing the petition later. The presiding officer may grant the petition 
if the officer finds that the petitioner has a legitimate interest in 
the proceedings, that such participation will not unduly delay the 
outcome, and may contribute materially to the proper disposition 
thereof. An amicus curiae is not a party and may not introduce evidence 
at a hearing.
    (b) An amicus curiae may submit a statement of position to the 
presiding officer prior to the beginning of a hearing, and shall serve a 
copy on each party. The amicus curiae may submit a brief on each 
occasion a decision is to be made or a prior decision is subject to 
review. The brief shall be filed and served on each party within the 
time limits applicable to the party whose position the amicus curiae 
deems to support; or if the amicus curiae does not deem to support the 
position of any party, within the longest time limit applicable to any 
party at that particular stage of the proceedings.
    (c) When all parties have completed their initial examination of a 
witness, any amicus curiae may request the presiding officer to propound 
specific questions to the witness. The presiding officer, in the 
officer's discretion, may grant any such request if the officer believes 
the proposed additional testimony may assist materially in elucidating 
factual matters at issue between the parties and will not expand the 
issues.

[35 FR 10760, July 2, 1970, as amended at 51 FR 10386, Mar. 26, 1986]