(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]
(a) A party to a hearing may appear in person or by counsel or other representative in the hearing.
(b) The presiding officer may strike a person's right to appear in the hearing for violation of the rules of conduct in § l79.50.
The parties and their representatives must conduct themselves with dignity and observe the same standards of practice and ethics that would be required of parties in a judicial proceeding. Disrespectful, disorderly, or contumacious language or conduct, refusal to comply with directions, use of dilatory tactics, or refusal to adhere to reasonable standards of orderly and ethical conduct during any hearing constitute grounds for immediate exclusion from the proceeding by the presiding officer.