[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR209.15]



[Page 162-163]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 209_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 

ACT OF 1972--Table of Contents

 

 Subpart A_Rules of Practice Governing Hearings for Orders Issued Under 

                 Section 11(d) of the Noise Control Act

 

Sec.  209.15  Intervention.



    (a) Persons desiring to intervene in a hearing to be held under 

section 11(d) of the act shall file a motion setting forth the facts and 

reasons why they should be permitted to intervene.

    (b) In passing on a motion to intervene, the following factors, 

among other things, shall be considered by the administrative law judge:

    (1) The nature of the movant's interest including the nature and the 

extent of the property, financial, environmental protection, or other 

interest of the movant;

    (2) The effect the order which may be entered in the proceeding may 

have on the movant's interest;

    (3) The extent to which the movant's interest will be represented by 

existing parties or may be protected by other means;

    (4) The extent to which the movant's participation may reasonably be 

expected to assist materially in the development of a complete record;



[[Page 163]]



    (5) The extent to which one movant's participation may reasonably be 

expected to delay the proceedings.

    (c) A motion to intervene should be filed before the first 

prehearing conference, the initiation of correspondence under Sec.  

209.20, or the setting of the time and place for the hearing, whichever 

occurs earliest. Motions shall be served on all parties. Any opposition 

to such motion must be filed within 10 days of service.

    (d) All motions to be made an intervener shall be reviewed by the 

administrative law judge using the criteria set forth in paragraph (b) 

of this section and considering any opposition to such motion. The 

administrative law judge may, in granting such motion, limit a movant's 

participation to certain issues only.

    (e) If the administrative law judge grants the motion with respect 

to any or all issues, he or she shall notify, or direct the hearing 

clerk to notify, the petitioner and all parties. If the administrative 

law judge denies the motion he or she shall notify, or direct the 

hearing clerk to notify, the petitioner and all parties and shall 

briefly state the reasons why the motion was denied.

    (f) All motions to be made an intervener shall include the movant's 

agreement that the movant and any person he or she represents will be 

subject to examination and cross-examination, and will also include an 

agreement to make any supporting and relevant records available at the 

movant's own expense upon the request of the administrative law judge, 

on his or her own motion or the motion of any party or other intervener. 

If the intervener fails to comply with any of these requests, the 

administrative law judge may, in his or her discretion, terminate his or 

her status as an intervener.