[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: 40CFR179.87]

[Page 292-293]
 
                   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. 179.87  Procedures for preliminary conference.

    Parties in a hearing must appear at the preliminary conference(s) 
prepared to present a position on the matters specified in Sec. 179.85. 
A preliminary conference may be held by telephone, or other electronic 
means, if appropriate.
    (a) To expedite the hearing, parties are encouraged to prepare in 
advance for the conference. Parties should cooperate with each other and 
should request information and begin preparation of testimony at the 
earliest possible time. Failure of a party to appear at the preliminary 
conference or to raise matters that could reasonably be anticipated and 
resolved at that time will not delay the progress of the hearing, and 
constitutes a waiver of the rights of the party regarding such matters 
as objections to the agreements reached, actions taken, or rulings 
issued. Such failure to appear may also be grounds for striking the 
party's participation under Sec. 179.42(f).
    (b) Each party shall bring to the preliminary conference the 
following specific information, which will be filed with the hearing 
clerk under Sec. 179.80:
    (1) Any additional information to supplement the submission which 
may have been filed under Sec. 179.83, and/or which may be filed if 
approved under Sec. 179.83(c).
    (2) A list setting forth each person who has been identified as a 
witness whose oral or written testimony will be offered by the party at 
the hearing, with a full curriculum vitae for each and a summary of the 
expected testimony (including a list of the principal exhibits on which 
the witness will rely) or a statement as to when such a summary will be 
furnished. A party may amend its witness and document list to add, 
delete, or substitute witnesses or documents.
    (c) The presiding officer may hold preliminary conferences off the 
record in an effort to reach agreement on disputed factual or procedural 
questions.
    (d) The presiding officer shall issue and file under Sec. 179.80 a 
written order reciting the actions taken at each preliminary conference 
and setting forth

[[Page 293]]

the schedule for the hearing. The order will control the subsequent 
course of the hearing unless modified by the presiding officer for good 
cause.