[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR81.22]



[Page 323-324]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 81_PRACTICE AND PROCEDURE FOR HEARINGS UNDER PART 80 OF THIS 

TITLE--Table of Contents

 

                            Subpart C_Parties

 

Sec.  81.22  Amici curiae.



    (a) Any interested person or organization may file a petition to 

participate in a proceeding as an amicus curiae. Such petition shall be 

filed prior to the prehearing conference, or if none



[[Page 324]]



is held, before the commencement of the hearing, unless the petitioner 

shows good cause for filing the petition later. The presiding officer 

may grant the petition if he 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 thereof. An amicus curiae is not a party and may not 

introduce evidence at a hearing.

    (b) An amicus curiae may submit a statement of position to the 

presiding officer prior to the beginning of a hearing, and shall serve a 

copy on each party. The amicus curiae may submit a brief on each 

occasion a decision is to be made or a prior decision is subject to 

review. His brief shall be filed and served on each party within the 

time limits applicable to the party whose position he deems himself to 

support; or if he does not deem himself to support the position of any 

party, within the longest time limit applicable to any party at that 

particular stage of the proceedings.

    (c) When all parties have completed their initial examination of a 

witness, any amicus curiae may request the presiding officer to propound 

specific questions to the witness. The presiding officer, in his 

discretion, may grant any such request if he believes the proposed 

additional testimony may assist materially in elucidating factual 

matters at issue between the parties and will not expand the issues.