(a) Availability. An amicus brief may be filed only if:
- (1) A motion for leave to file the brief has been granted;
- (2) The brief is accompanied by written consent of all parties;
- (3) The brief is filed at the request of the Director or the hearing officer, as appropriate; or
- (4) The brief is presented by the United States or an officer or agency thereof, or by a State or a political subdivision thereof.