[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR305.32]

[Page 358-359]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
                      Subpart D--Hearing Procedure
 
Sec. 305.32  Objections and offers of proof.

    (a) Objection. Any objection concerning the conduct of the hearing 
may be stated orally or in writing during

[[Page 359]]

the hearing. The party raising the objection must supply a short 
statement of its grounds. The ruling by the Presiding Officer on any 
objection and the reasons given for it shall be part of the record. An 
exception to each objection overruled shall be automatic and is not 
waived by further participation in the hearing.
    (b) Offer of proof. Whenever evidence is excluded from the record, 
the party offering the evidence may make an offer of proof, which shall 
be included in the record. The offer of proof for excluded oral 
testimony shall consist of a brief statement describing the nature of 
the evidence excluded. The offer of proof for excluded documents or 
exhibits shall consist of the insertion into the record of the documents 
or exhibits excluded.