[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: 40CFR209.21]

[Page 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. 209.21  Primary discovery (exchange of witness lists and documents).

    (a) At a prehearing conference or within some reasonable time set by 
the administrative law judge prior to the hearing, each party shall make 
available to the other parties the names of the expert and other 
witnesses the party expects to call, together with a brief summary of 
their expected testimony and copies of all documents and exhibits which 
the party expects to introduce into evidence. Thereafter, witnesses, 
documents, or exhibits may be added and summaries of expected testimony 
amended upon motion by a party.
    (b) The administrative law judge, may, upon motion by a party or 
other person, and for good cause shown, by order (1) restrict or defer 
disclosure by a party of the name of a witness or a narrative summary of 
the expected testimony of a witness, and (2) prescribe other appropriate 
measures to protect a witness. Any party affected by any such action 
shall have an adequate opportunity, once he or she learns the name of a 
witness and obtains the narrative summary of the witness' expected 
testimony, to prepare for the presentation of his or her case.