45 C.F.R. § 213.15

Request to participate in hearing

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(a) The Department and the State are parties to the hearing without making a specific request to participate.

(b)(1) Other individuals or groups may be recognized as parties, if the issues to be considered at the hearing have caused them injury and their interest is within the zone of interests to be protected by the governing Federal statute.

(2) Any individual or group wishing to participate as a party shall file a petition with the FSA Hearing Clerk within 15 days after notice of the hearing has been published in the Federal Register, and shall serve a copy on each party of record at that time, in accordance with § 213.5(b). Such petition shall concisely state (i) petitioner's interest in the proceeding, (ii) who will appear for petitioner, (iii) the issues on which petitioner wishes to participate, and (iv) whether petitioner intends to present witnesses.

(3) Any party may, within 5 days of receipt of such petition, file comments thereon.

(4) The presiding officer shall promptly determine whether each petitioner has the requisite interest in the proceedings and shall permit or deny participation accordingly. Where petitions to participate as parties are made by individuals or groups with common interests, the presiding officer may request all such petitioners to designate a single representative, or he may recognize one or more of such petitioners to represent all such petitioners. The presiding officer shall give each petitioner written notice of the decision on his petition, and if the petition is denied, he shall briefly state the grounds for denial.

(c)(1) Any interested person or organization wishing to participate as amicus curiae shall file a petition with the FSA Hearing Clerk before the commencement of the hearing. Such petition shall concisely state (i) the petitioner's interest in the hearing, (ii) who will represent the petitioner, and (iii) the issues on which petitioner intends to present argument. The presiding officer may grant the petition if he finds that the petitioner has a legitimate interest in the proceedings, that such participation will not unduly delay the outcome and may contribute materially to the proper disposition of the issues. An amicus curiae is not a party but may participate as provided in this paragraph.

(2) An amicus curiae may present a brief oral statement at the hearing, at the point in the proceedings specified by the presiding officer. He may submit a written statement of position to the presiding officer prior to the beginning of a hearing, and shall serve a copy on each party. He may also submit a brief or written statement at such time as the parties submit briefs, and shall serve a copy on each party.

[36 FR 1454, Jan. 29, 1971, as amended at 53 FR 36580, Sept. 21, 1988]

Notes of Decisions

Cited in 7 cases, 1971–1989 · leading case: B.H. v. Johnson, 715 F. Supp. 1387 (N.D. Ill. 1989).

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B.H. v. Johnson, 715 F. Supp. 1387 (N.D. Ill. 1989). “45 C.F.R. § 213.15 (b). Further, § 671(a)(12) requires the state plan to provide “for granting an opportunity for a fair hearing before the state agency to any individual whose claim for benefits available pursuant to this part is denied or is not acted upon with reasonable…”

Nat'l Ass'n v. Wilmington Med. Ctr., Inc., 453 F. Supp. 330 (D. Del. 1978). “45 C.F.R. § 213.15 . Those regulations were promulgated in response to the NWRO case.”

Connecticut State Dep't of Pub. Welfare v. Dep't of Health, Educ., & Welfare, Soc. & Rehab. Serv., 448 F.2d 209 (2d Cir. 1971). “2d 725 (1970) ; 45 C.F.R. § 213.15 . 2 . Although payment may be made on various bases, the objective, whatever method of computation is used, will be to approximate as closely as practicable the actual cost (both direct and indirect) of services rendered to the beneficiaries of…”

Almenares v. Wyman, 334 F. Supp. 512 (S.D.N.Y. 1971). “45 C.F.R. § 213.15 (1971). This regulation cures part of the difficulty which the Court noted in Rosado , namely, welfare recipients may now participate in HEW’s review of State welfare programs.”

Arthur C. Logan Mem'l Hosp. v. Toia, 441 F. Supp. 26 (S.D.N.Y. 1977). “Pursuant to 45 C.F.R. § 213.15 , an institution or affected individual may petition to appear as a party at this compliance hearing.”

Almenares v. Wyman, 453 F.2d 1075 (2d Cir. 1971). “42 U.S.C. § 604 . 17 The State’s next point is that the judge should have awaited decision in the action brought by Wyman in the Northern District of New York to have the HEW regulations declared invalid insofar as they require hearings by a State agency before benefits can be…”

Arizona State Dep't of Pub. Welfare v. Dep't of Health, Educ. & Welfare, 449 F.2d 456 (9th Cir. 1971). · cites it 3× “Pursuant to 45 C.F.R. § 213.15 , the hearing examiner granted the petitions of the intervenors to participate in the conformity hearing.”

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