[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR164.31]



[Page 171-172]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

 Subpart B_General Rules of Practice Concerning Proceedings (Other Than 

                           Expedited Hearings)

 

Sec. 164.31  Intervention.



    (a) Motion. Any person may file a motion for leave to intervene in a 

hearing conducted under this subpart. A motion must set forth the 

grounds for the proposed intervention, the position and interest of the 

movant in the proceeding and the documents proposed to be filed pursuant 

to either Sec. 164.22 or Sec. 164.24.

    (b) When filed. A motion for leave to intervene in a hearing must 

ordinarily be filed prior to the commencement of the first prehearing 

conference. Any motion filed after that time must contain, in addition 

to the information set forth in paragraph (a) of this section, a 

statement of good cause for the failure to file the motion prior to the 

commencement of the first prehearing conference, and shall be granted 

only upon a finding (1) that extraordinary circumstances justify the 

granting of the motion, or (2) that the intervenor shall be bound by 

agreements, arrangements, and other matters previously made in the 

proceeding.

    (c) Disposition. Leave to intervene will be freely granted but only 

insofar as such leave raises matters which are pertinent to and do not 

unreasonably broaden the issues already presented. If leave is granted, 

the movant shall thereby become a party with the full status of the 

original parties to the proceedings. If leave is denied, the movant may 

request that the ruling be certified to the Environmental Appeals Board, 

pursuant to Sec. 164.100 for a speedy appeal.

    (d) Amicus curiae. Persons not parties to the proceedings wishing to 

file briefs may do so by leave of the Administrative Law Judge granted 

on motion. A motion for leave shall identify the interest of the 

applicant and shall state the reasons why the proposed amicus



[[Page 172]]



brief is desirable. Unless all parties otherwise consent, an amicus 

curiae shall file its brief within the time allowed the party whose 

position the brief will support. Upon a showing of good cause, the 

Administrator or Administrative Law Judge may grant permission for later 

filing.



[38 FR 19371, July 20, 1973, as amended at 57 FR 5342, Feb. 13, 1992]