Title 40

SECTION 179.42

179.42 Notice of participation.

§ 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]

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