10 C.F.R. § 205.194

Participants; official service list

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(a) Upon receipt of a Notice of Objection, the Office of Hearings and Appeals shall publish a notice in the Federal Register which states the person to whom the Proposed Remedial Order is directed, his address and the products, dollar amounts, time period, and geographical area specified in the Proposed Remedial Order. The notice shall state that any person who wishes to participate in the proceeding must file an appropriate request with the Office of Hearings and Appeals.

(b) The Office that issued the Proposed Remedial Order and the person to whom the Order is directed shall be considered participants before the Office of Hearings and Appeals at all stages of an enforcement proceeding. Any other person whose interest may be affected by the proceeding may file a request to participate in the proceeding with the Office of Hearings and Appeals within 20 days after publication of the notice referred to in paragraph (a) of this section. The request shall contain

(1) The person's name, address, and telephone number and similar information concerning his duly authorized representative, if any;

(2) A detailed description of the person's interest in the proceeding;

(3) The specific reasons why the person's active involvement in the proceeding will substantially contribute to a complete resolution of the issues to be considered in the proceeding;

(4) A statement of the position which the person intends to adopt in the proceeding; and

(5) A statement of the particular aspects of the proceeding, e.g. oral argument, submission of briefs, or discovery, in which the person wishes to actively participate.

(c) After considering the requests submitted pursuant to paragraph (b) of this section, the Office of Hearings and Appeals shall determine those persons who may participate on an active basis in the proceeding and the nature of their participation. Participants with similar interests may be required to consolidate their submissions and to appear in the proceeding through a common representative.

(d) Within 30 days after publication of the notice referred to in paragraph (a) of this section, the Office of Hearings and Appeals shall prepare an official service list for the proceeding. Within the same 30 day period the Office of Hearings and Appeals shall mail the official service list to all persons who filed requests to participate. For good cause shown a person may be placed on the official service list as a non-participant, for the receipt of documents only. An opportunity shall be afforded to participants to oppose the placement of a non-participant on the official service list.

(e) A person requesting to participate after the period for submitting requests has expired must show good cause for failure to file a request within the prescribed time period.

(f) The Office of Hearings and Appeals may limit the nature of a person's participation in the proceeding, if it finds that the facts upon which the person's request was based have changed or were incorrect when stated or that the person has not been actively participating or has engaged in disruptive or dilatory conduct. The action referred to in this provision shall be taken only after notice and an opportunity to be heard are afforded.

Notes of Decisions

Cited in 6 cases, 1979–1989 · leading case: Compton Corp. Ex Rel. Kellogg v. United States Dep't of Energy (In Re Compton Corp.), 90 B.R. 798 (N.D. Tex. 1988).

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Compton Corp. Ex Rel. Kellogg v. United States Dep't of Energy (In Re Compton Corp.), 90 B.R. 798 (N.D. Tex. 1988). “See 10 C.F.R. § 205.194 (b) (1988) (interested parties permitted to intervene via specific procedures).”

Fort Pierce Utils. Auth. v. Dep't of Energy, 503 F. Supp. 1014 (D.D.C. 1980). · cites it 2× “In this regard, it refers to the regulations which provide that ( 10 C.F.R. § 205.194 (c)): [a]fter considering the requests [to participate] submitted pursuant to [§ 205.”

Consol. Edison Co. of New York, Inc. v. Breznay, 873 F.2d 301 (Temp. Emerg. Ct. App. 1989). · cites it 4× “The complaint further stated that the appellee Wieker, Deputy Director of OHA, had by letter granted the request of counsel for PECO to participate and, under the criteria set forth in 10 C.F.R. 205.194, to represent each of the other four appellant utilities, including PECO;…”

Coastal States Gas Corp. v. Dep't of Energy, 495 F. Supp. 1300 (D. Del. 1980). “On November 21, 1978, OHA received written comments from OSC suggesting that all of Coastal’s customers in the 33 transactions be afforded the opportunity to participate in the RO proceeding as “aggrieved parties,” as that term was used in 10 C.F.R. § 205.194 , 43 Fed.Reg. 3995…”

Consol. Edison Co. of New York, Inc. v. Breznay, 683 F. Supp. 832 (D.D.C. 1987). “10 C.F.R. § 205.194 (1987) (emphasis added).”

Hurley v. Amoco Oil Co., 476 F. Supp. 782 (E.D.N.Y 1979). “Although the agency apparently lacks authority to award treble damages even for intentional violations, 10 C.F.R. § 205.194 provides that “[a] remedial order may require the person to whom it is directed .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.