[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.7]

[Page 169]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 164--RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 
 
                           Subpart A--General
 
Sec. 164.7  Ex parte discussion of proceeding.

    At no stage of a proceeding shall the Administrator, the members of 
the Environmental Appeals Board, the Presiding Officer, or the 
Administrative Law Judge discuss ex parte the merits of the proceeding 
with any party or with any person who has been connected with the 
preparation or presentation of the proceeding as an advocate, or in an 
investigative or expert capacity, or with any representative of such 
person, Provided, That the Environmental Appeals Board, the Presiding 
Officer, or the Administrative Law Judge may discuss the merits of the 
case with any such person if all parties to the proceeding, or their 
representatives, have been given reasonable notice and opportunity to be 
present. Any memorandum or other communication addressed to the 
Administrator, the Environmental Appeals Board, the Presiding Officer, 
or the Administrative Law Judge during the pendency of the proceeding, 
and relating to the merits thereof, by or on behalf of any party, shall 
be regarded as an argument made in the proceeding. The Administrator, 
the Environmental Appeals Board, the Presiding Officer, or the 
Administrative Law Judge shall cause any such communication to be filed 
with the hearing clerk and served upon all other parties to the 
proceeding who will be given the opportunity to file an answer thereto.

[57 FR 5342, Feb. 13, 1992]