[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR209.20]

[Page 162-163]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 209--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 
ACT OF 1972--Table of Contents
 
Subpart A--Rules of Practice Governing Hearings for Orders Issued Under 
                 Section 11(d) of the Noise Control Act
 
Sec. 209.20  Conferences.

    (a) At the discretion of the administrative law judge, conferences 
may be held prior to or during any hearing. The administrative law judge 
shall direct the hearing clerk to notify all parties of the time and 
location of any such conferences. At the discretion of the 
administrative law judge, persons other than parties may attend. At a 
conference the administrative law judge may:
    (1) Obtain stipulations and admissions, receive requests and order 
depositions to be taken, identify disputed issues of fact and law, and 
require or allow the submission of written testimony from any witness or 
party.
    (2) Set a hearing schedule for as many of the following as are 
deemed necessary by the administrative law judge:
    (i) Oral and written statements;
    (ii) Submission of written testimony as required or authorized by 
the administrative law judge;
    (iii) Oral direct and cross-examination of a witness;
    (iv) Oral argument, if appropriate;
    (3) Identify matters of which official notice may be taken;
    (4) Consider limitation of the number of expert and other witnesses;

[[Page 163]]

    (5) Consider the procedure to be followed at the hearing; and
    (6) Consider any other matter that may expedite the hearing or aid 
in the disposition of the issue.
    (b) The results of any conference including all stipulations shall, 
if not transcribed, be summarized in writing by the administrative law 
judge and made part of the record.
    (c) The administrative law judge, on motion or sua sponte, may 
request correspondence from the parties for any of the objectives set 
forth in this section. Copies of the administrative law judge's request 
and the parties' correspondence shall be served upon all parties. The 
administrative law judge shall include such correspondence in the record 
and a written summary of any stipulation or agreement reached by means 
of such correspondence as provided in paragraph (b) of this section.