[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: 40CFR305.7]

[Page 353]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
                           Subpart A--General
 
Sec. 305.7  Ex parte discussion of proceeding.

    At no time after the Request for a Hearing is referred to the 
Presiding Officer shall the Presiding Officer discuss ex parte the 
merits of the proceeding with any interested person outside the Agency, 
with any Agency staff member who performed a prosecutorial or 
investigative function in such proceeding or a factually related 
proceeding, or with any representative of such person. Any ex parte 
memorandum or other communication addressed to the Presiding Officer 
during the pendency of the proceeding and relating to the merits 
thereof, by or on behalf of any party, shall be regarded as an argument 
made in the proceeding and shall be served upon all other parties. Any 
other party shall be given the opportunity to reply to such memorandum 
or communication.