[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR327.8]

[Page 454-455]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 327--PUBLIC HEARINGS--Table of Contents
 
Sec. 327.8  Conduct of hearings.

    (a) The presiding officer shall make an opening statement outlining 
the purpose of the hearing and prescribing the general procedures to be 
followed.
    (b) Hearings shall be conducted by the presiding officer in an 
orderly but expeditious manner. Any person shall be permitted to submit 
oral or written statements concerning the subject matter of the hearing, 
to call witnesses who may present oral or written statements, and to 
present recommendations as to an appropriate decision. Any person may 
present written statements for the hearing record prior to the time the 
hearing record is closed to public submissions, and may present proposed 
findings and recommendations. The presiding officer shall afford 
participants a reasonable opportunity for rebuttal.
    (c) The presiding officer shall have discretion to establish 
reasonable limits upon the time allowed for statements of witnesses, for 
arguments of parties or their counsel or representatives, and upon the 
number of rebuttals.
    (d) Cross-examination of witnesses shall not be permitted.
    (e) All public hearings shall be reported verbatim. Copies of the 
transcripts of proceedings may be purchased by any person from the Corps 
of Engineers or the reporter of such hearing. A copy will be available 
for public inspection at the office of the appropriate district 
engineer.
    (f) All written statements, charts, tabulations, and similar data 
offered in evidence at the hearing shall, subject to exclusion by the 
presiding officer for reasons of redundancy, be received in evidence and 
shall constitute a part of the record.
    (g) The presiding officer shall allow a period of not less than 10 
days after the close of the public hearing for submission of written 
comments.
    (h) In appropriate cases, the district engineer may participate in 
joint public hearings with other Federal or state

[[Page 455]]

agencies, provided the procedures of those hearings meet the 
requirements of this regulation. In those cases in which the other 
Federal or state agency allows a cross-examination in its public 
hearing, the district engineer may still participate in the joint public 
hearing but shall not require cross examination as a part of his 
participation.