[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR672.6]



[Page 233-234]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.6  Appearances.



    (a) Appearances. Any party may appear in person or by counsel or 

other representative. A partner may appear on behalf of a partnership 

and an officer may appear on behalf of a corporation. Persons who appear 

as counsel or other representative must conform to the standards of 

conduct and ethics required of practitioners before the courts of the 

United States.

    (b) Intervention. A motion for leave to intervene in any proceeding 

conducted under these rules must set forth the grounds for the proposed 

intervention, the position and interest of the movant, and whether the 

intervention will



[[Page 234]]



cause delay. Any person already a party to the proceeding may file an 

answer to a motion to intervene, making specific reference to the 

factors set forth in the foregoing sentence and paragraph (c) of this 

section, within ten (10) days after service of the motion for leave to 

intervene.

    (c) A motion for leave to intervene in a proceeding must ordinarily 

be filed before the first prehearing conference, or if there is no such 

conference, prior to the setting of a time and place for a hearing. Any 

motion filed after that time must include, in addition to the 

information set forth in paragraph (b) of this section, a statement of 

good cause for the failure to file in a timely manner. Agreements, 

arrangements, and other matters previously resolved during the 

proceeding are binding on the intervenor.

    (d) Disposition. The Presiding Officer may grant leave to intervene 

only if the movant demonstrates that (1) his presence in the proceeding 

would not unduly prolong or otherwise prejudice the adjudication of the 

rights of the original parties; (2) the movant will be adversely 

affected by a final order; and (3) the interests of the movant are not 

being adequately represented by the original parties. The intervenor 

becomes a full party to the proceeding upon the granting of leave to 

intervene.

    (e) Amicus curiae. Persons not parties to the proceeding who wish to 

file briefs may so move. The motion shall identify the interest of the 

applicant and shall state the reasons why the proposed amicus brief is 

desirable. If the motion is granted, the Presiding Officer or Director 

shall issue an order setting the time for filing such brief. An amicus 

curiae is eligible to participate in any briefing after his motion is 

granted, and shall be served with all briefs, motions, and orders 

relating to issues to be briefed.

    (f) Consolidation. The Presiding Officer may, by motion or sua 

sponte, consolidate any or all matters at issue in two or more 

proceedings docketed under these rules where (1) there exists common 

parties or common questions of fact or law; (2) consolidation would 

expedite and simplify consideration of the issues; and (3) consolidation 

would not adversely affect the rights of parties engaged in otherwise 

separate proceedings.

    (g) Severance. The Presiding Officer may, by motion or sua sponte, 

for good cause shown order any proceedings severed with respect to any 

or all parties or issues.