[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR304.31]

[Page 365-366]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 304--ARBITRATION PROCEDURES FOR SMALL SUPERFUND COST RECOVERY CLAIMS--Table of Contents
 
                Subpart C--Hearings Before the Arbitrator
 
Sec. 304.31  Pre-hearing conference.

    (a) The Arbitrator and the parties shall exchange witness lists 
(with a brief summary of the testimony of each witness) and any exhibits 
or documents that the parties have not submitted in their pleadings 
pursuant to Sec. 304.30 of this part, within 110 days after the 
appointment of the Arbitrator (see Sec. 304.22 of this part) or within 
10 days prior to the pre-hearing conference, whichever is earlier.
    (b) The Arbitrator shall select the location, date, and time for the 
pre-hearing conference, giving due consideration to any recommendations 
by the parties.
    (c) The pre-hearing conference shall be held within one hundred 
twenty days after the appointment of the Arbitrator (see Sec. 304.22 of 
this part).
    (d) The Arbitrator shall mail to each party notice of the pre-
hearing conference not later than twenty days in advance of such 
conference, unless the parties by mutual agreement waive such notice.
    (e) Any party may be represented by counsel at the pre-hearing 
conference. A party who intends to be so represented shall notify the 
other parties and the Arbitrator of the name, address and telephone 
number of counsel at least three days prior to the date set for the pre-
hearing conference. When an attorney has initiated the arbitration by 
signing the joint request for arbitration on behalf of a party, or when 
an attorney has filed a pleading on behalf of a party, such notice is 
deemed to have been given.
    (f) The pre-hearing conference may proceed in the absence of any 
party who, after due notice, fails to appear.
    (g)(1) At the pre-hearing conference, the Arbitrator and the parties 
shall exchange witness statements, a stipulation of uncontested facts, a 
statement of disputed issues, and any other documents, including written 
direct testimony, that will assist in prompt resolution of the dispute 
and avoid unnecessary proof.
    (2) The Arbitrator and the parties shall consider the settlement of 
all or part of the claim. The Arbitrator may

[[Page 366]]

encourage further settlement discussions among the parties. Any 
settlement reached may be set forth in a proposed decision in accordance 
with Sec. 304.33 of this part. If such a settlement is not set forth in 
a proposed decision, the settlement shall be treated as an 
administrative settlement pursuant to section 122(h)(1) of CERCLA, 42 
U.S.C. 9622(h)(1), and shall be subject to public comment pursuant to 
section 122(i) of CERCLA, 42 U.S.C. 9622(i).