34 CFR 81.7 – Non-party participation
(a) A person or organization, other than a party, that wishes to participate in a case shall file an application to participate with the ALJ assigned to the case. The application must—
Terms Used In 34 CFR 81.7
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
(1) Identify the case in which participation is sought;
(2) State how the applicant’s interest relates to the case;
(3) State how the applicant’s participation would aid in the disposition of the case; and
(4) State how the applicant seeks to participate.
(b) The ALJ may permit an applicant to participate if the ALJ determines that the applicant’s participation—
(1) Will aid in the disposition of the case;
(2) Will not unduly delay the proceedings; and
(3) Will not prejudice the adjudication of the parties’ rights.
(c) If the ALJ permits an applicant to participate, the ALJ permits the applicant to file briefs.
(d)(1) In addition to the participation described in paragraph (c) of this section, the ALJ may permit the applicant to participate in any or all of the following ways:
(i) Submit documentary evidence.
(ii) Participate in an evidentiary hearing afforded the parties.
(iii) Participate in an oral argument afforded the parties.
(2) The ALJ may place appropriate limits on an applicant’s participation to ensure the efficient conduct of the proceedings.
(e) A non-party participant shall comply with the requirements for parties in § 81.11 and § 81.12.