§ 1081.216 - Amicus participation.

§ 1081.216 Amicus participation.

(a) Availability. An amicus brief may be filed only if:

(1) A motion for leave to file the brief has been granted;

(2) The brief is accompanied by written consent of all parties;

(3) The brief is filed at the request of the Director or the hearing officer, as appropriate; or

(4) The brief is presented by the United States or an officer or agency thereof, or by a State or a political subdivision thereof.

(b) Procedure. An amicus brief may be filed conditionally with the motion for leave. The motion for leave shall must identify the interest of the movant and shall state the reasons why a brief of an amicus curiae is desirable. Except as all parties otherwise consent, any amicus curiae shall must file its brief within the time allowed the party whose position the amicus will support, unless the Director or hearing officer, as appropriate, for good cause shown, grants leave for a later filing. In the event that If a later filing is allowed, the order granting leave to file shall must specify when an opposing party may reply to the brief.

(c) Motions. A motion for leave to file an amicus brief shall be is subject to § 1081.205.

(d) Formal requirements as to amicus briefs. Amicus briefs shall must be filed pursuant to § 1081.111 and shall , comply with the requirements of § 1081.112, and shall are be subject to the length limitation set forth in § 1081.212(e).

(e) Oral argument. An amicus curiae may move to present oral argument at any hearing before the hearing officer, but such motions will be granted only for extraordinary reasons.