[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2700.4]

[Page 694-695]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2700_PROCEDURAL RULES--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 2700.4  Parties, intervenors, and amici curiae.

    (a) Party status. A person, including the Secretary or an operator, 
who is named as a party or who is permitted to intervene, is a party. In 
a proceeding instituted by the Secretary under section 105(c)(2) of the 
Act, 30 U.S.C. 815(c)(2), the complainant on whose behalf the Secretary 
has filed the complaint is a party and may present additional evidence 
on his own behalf. A miner, applicant for employment, or representative 
of a miner who has filed a complaint with the Commission under section 
105(c)(3) or 111 of the Act, 30 U.S.C. 815(c)(3) and 821, and an 
affected miner or his representative who has become a party in 
accordance with paragraph (b) of this section, are parties.
    (b) Intervention--(1) Intervention by affected miners and their 
representatives. Before a case has been assigned to a Judge, affected 
miners or their representatives shall be permitted to intervene upon 
filing a written notice of intervention with the Executive Director, 
Federal Mine Safety and Health Review Commission, 601 New Jersey Avenue, 
NW., Suite 9500, Washington, DC 20001. If the case has been assigned to 
a Judge, the notice of intervention shall be filed with the Judge. The 
Commission or the Judge shall mail forthwith a copy of the notice to all 
parties.

[[Page 695]]

After the start of the hearing, affected miners or their representatives 
may intervene upon just terms and for good cause shown.
    (2) Intervention by other persons. (i) Motions by other persons for 
leave to intervene shall be filed before the start of a hearing on the 
merits unless the Judge, for good cause shown, allows a later filing. 
The motion shall set forth:
    (A) The interest of the movant relating to the property or events 
that are the subject of the proceeding;
    (B) The reasons why such interest is not otherwise adequately 
represented by the parties already involved in the proceeding; and
    (C) A showing that intervention will not unduly delay or prejudice 
the adjudication of the issues.
    (ii) Such intervention is not a matter of right but of the sound 
discretion of the Judge. In denying a motion to intervene, the Judge may 
alternatively permit the movant to participate in the proceeding as 
amicus curiae.
    (c) Procedure for participation as amicus curiae. Any person may 
move to participate as amicus curiae in a proceeding before a Judge. 
Such participation as amicus curiae shall not be a matter of right but 
of the sound discretion of the Judge. A motion for participation as 
amicus curiae shall set forth the interest of the movant and show that 
the granting of the motion will not unduly delay or prejudice the 
adjudication of the issues. If the Judge permits amicus curiae 
participation, the Judge's order shall specify the time within which 
such amicus curiae memorandum, brief, or other pleading must be filed 
and the time within which a reply may be made. The movant may 
conditionally attach its memorandum, brief, or other pleading to its 
motion for participation as amicus curiae.

[58 FR 12164, Mar. 3, 1993, as amended at 67 FR 60862, Sept. 27, 2002]