[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 45CFR1386.94]



[Page 354]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1386_FORMULA GRANT PROGRAMS--Table of Contents

 

  Subpart D_Practice and Procedure for Hearings Pertaining to States' 

 Conformity and Compliance With Developmental Disabilities State Plans, 

                    Reports and Federal Requirements

 

Sec. 1386.94  Request to participate in hearing.



    (a) The Department, the State, the State Developmental Disabilities 

Council, the Designated State Agency, and the State Protection and 

Advocacy System, as appropriate, are parties to the hearing without 

making a specific request to participate.

    (b)(1) Other individuals or groups may be recognized as parties if 

the issues to be considered at the hearing have caused them injury and 

their interests are relevant to the issues in the hearing.

    (2) Any individual or group wishing to participate as a party must 

file a petition with the designated individual within 15 days after 

notice of the hearing has been published in the Federal Register, and 

must serve a copy on each party of record at that time in accordance 

with Sec. 1386.85(b). The petition must concisely state:

    (i) Petitioner's interest in the proceeding;

    (ii) Who will appear for petitioner;

    (iii) The issues the petitioner wishes to address; and

    (iv) Whether the petitioner intends to present witnesses.

    (c) (1) Any interested person or organization wishing to participate 

as amicus curiae must file a petition with the designated individual 

before the commencement of the hearing. The petition must concisely 

state:

    (i) The petitioner's interest in the hearing;

    (ii) Who will represent the petitioner, and

    (iii) The issues on which the petitioner intends to present 

argument.

    (2) The presiding officer may grant the petition if he or she 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 of the issues.

    (3) An amicus curiae may present a brief oral statement at the 

hearing at the point in the proceedings specified by the presiding 

officer. It may submit a written statement of position to the presiding 

officer prior to the beginning of a hearing and must serve a copy on 

each party. It also may submit a brief or written statement at such time 

as the parties submit briefs and must serve a copy on each party.



[49 FR 11779, Mar. 27, 1984, as amended at 61 FR 51162, Sept. 30, 1996]



                           Hearing Procedures