[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR179.80]

[Page 290]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 179--FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents
 
                      Subpart E--Hearing Procedures
 
Sec. 179.80  Filing and service.


    (a) All documents required or authorized to be filed by a party to a 
hearing under this part regarding any matter to be decided by the 
presiding officer, the judicial officer, or the Administrator shall be 
filed in triplicate with the hearing clerk, in the manner specified by 
Sec. 178.25(b) of this chapter. Each filing shall prominently note the 
docket number. To determine compliance with deadlines in a hearing, a 
document is considered filed on the date it is actually received by the 
hearing clerk. When this part allows a response by a party to a 
submission and prescribes a period of time for the filing of the 
response, an additional 3 days are allowed for the filing of the 
response if the submission is served by mail.
    (b) Each notice, order, decision, or other document issued under 
this part by the presiding officer, the judicial officer, or the 
Administrator shall be filed with the hearing clerk. The hearing clerk 
shall immediately serve all parties with a copy of such order, decision, 
or other document.
    (c) At the same time that a party files any document with the 
hearing clerk, the party shall serve a copy thereof on each other party, 
unless the presiding officer specifies otherwise. Each filing shall be 
accompanied by a certificate of service, or a statement that service is 
not required. Service on a party is accomplished by mailing a submission 
to the address shown in the Notice of Participation or by personal 
delivery.
    (d) The presiding officer may grant an extension of time for the 
filing of any pleading, document, or motion (1) Upon timely motion by a 
party, for good cause shown, and after consideration of prejudice to 
other parties, or (2) upon the presiding officer's own motion.
    (e) A motion by a party for an extension may only be made after 
serving a copy of the motion on all other parties, unless the movant can 
show good cause why doing so is impracticable. The motion shall be filed 
in advance of the date on which the pleading, document, or motion is due 
to be filed, unless the failure of the party to make a timely motion for 
an extension was the result of excusable neglect.