eCFR Reference Browser

---

title: "21 CFR §12.89"

source: "https://www.ecfr.gov/current/title-21/section-12.89"

title_number: "21"

volume_number: "1"

chapter_number: "Unknown"

subchapter_code: "A"

subchapter_subject: "GENERAL"

part_code: "12"

part_subject: "FORMAL EVIDENTIARY PUBLIC HEARING"

subpart_code: "E"

subpart_subject: "Hearing Procedures"

section_number: "12.89"

section_subject: "Participation of nonparties."

cfr_reference: "21 CFR 12.89"

title_name: "Title 21"

title_subject: "Food and Drugs"

parts_covered: "Parts 1 to 99"

revised_date: "Revised as of April 1, 2019"

publication_date: "As of April 1, 2019"

contains_description: "Containing a codification of documents of general applicability and future effect"

publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"

---

(a)A nonparty participant may—

(1)Attend all conferences (including the prehearing conference), oral proceedings, and arguments;

(2)Submit written testimony and documentary evidence for inclusion in the record;

(3)File written objections, briefs, and other pleadings; and

(4)Present oral argument.

(b)A nonparty participant may not—

(1)Submit written interrogatories; and

(2)Conduct cross-examination.

(c)A person whose petition is the subject of the hearing has the same right as a party.

(d)A nonparty participant will be permitted additional rights if the presiding officer concludes that the participant's interests would not be adequately protected otherwise or that broader participation is required for a full and true disclosure of the facts, but the rights of a nonparty participant may not exceed the rights of a party.

§12.89 - Participation of nonparties.