§ 179.42 - Notice of participation.  


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  • § 179.42 Notice of participation.

    (a) OCSPP shall be a party to a hearing under this part. Any other person may participate as a party in such a hearing to the extent specified by this section.

    (b) A person desiring to participate in a hearing must file with the hearing clerk within 30 days after publication of the Notice of Hearing under § 179.20, a Notice of Participation in the following form:

    Notice of Participation

    Docket No. ____________________

    Under 40 CFR part l79, please enter the participation of: ________________________

    (Name) __________________________________

    (Street address) __________________________

    (City and State) __________________________

    (Telephone number) ____________________

    Service on the above will be accepted by: ________________________

    (Name) __________________________________

    (Street address) __________________________

    (City and State) __________________________

    (Telephone number) ____________________

    Signed: ________________________________

    Date: ________________________

    (c) An amendment to a Notice of Participation must be filed with the hearing clerk and served on all parties.

    (d) No person may participate in a hearing who has not filed a written Notice of Participation or whose participation has been stricken under paragraph (f) of this section.

    (e) The presiding officer may permit the late filing of a Notice of Participation upon a showing of good cause. Arrangements and agreements previously made in the proceeding shall apply to any party admitted late.

    (f) The presiding officer may strike the participation of a person for failure to comply with any requirement of this subpart. Any person whose participation is striken may obtain interlocutory review thereof by the Administrator.

    [55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 77 FR 46292, Aug. 3, 2012]