[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR180.310]

[Page 736]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 180_CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS
--Table of Contents
 
                            Subpart C_Parties
 
Sec. 180.310  Parties.

    (a) Parties to proceedings under this part are HUD, the 
respondent(s), and any intervenors. Respondents include persons named as 
such in a charge issued under 24 CFR part 103 and Recipients/applicants 
named as respondents in hearing notices issued under 24 CFR parts 1, 6, 
8 or 146 and notices of proposed adverse action under this part.
    (b) An aggrieved person is not a party but may file a motion to 
intervene. Requests for intervention shall be filed within 50 days after 
the filing of the charge; however, the ALJ may allow intervention beyond 
that time. An intervenor's right to participate as a party may be 
restricted by order of the ALJ pursuant to statute, the rules in this 
part or other applicable law. Intervention shall be permitted if the 
person requesting intervention is
    (1) The aggrieved person on whose behalf the charge is issued; or
    (2) An aggrieved person who claims an interest in the property or 
transaction that is the subject of the charge and the disposition of the 
charge may, as a practical matter, impair or impede this person's 
ability to protect that interest, unless the aggrieved person is 
adequately represented by the existing parties.
    (c) A complainant in a non-Fair Housing Act matter is not a party 
but may file a motion to become an amicus curiae.
    (d) Any person may file a petition to participate in a proceeding 
under this part as an amicus curiae. An amicus curiae is not a party to 
the proceeding and may not introduce evidence at the hearing.
    (1) A petition to participate as amicus curiae shall be filed before 
the commencement of the hearing, unless the petitioner shows good cause 
for filing the petition later. The petition may be granted if the ALJ 
finds that the petitioner has a legitimate interest in the proceedings, 
and that such participation will not unduly delay the outcome and may 
contribute materially to the proper disposition thereof.
    (2) The amicus curiae may submit briefs within time limits set by 
the ALJ or by the Secretary in the event of an appeal to the Secretary.
    (3) When all parties have completed their initial examination of a 
witness, the amicus curiae may request the ALJ to propound specific 
questions to the witness. Any such request may be granted if the ALJ 
believes the proposed additional testimony may assist materially in 
elucidating factual matters at issue between the parties and will not 
expand the issues.

[61 FR 52218, Oct. 4, 1996, as amended at 64 FR 3801, Jan. 25, 1999]