[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR53.13]

[Page 15-16]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 53--AMBIENT AIR MONITORING REFERENCE AND EQUIVALENT METHODS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 53.13   Hearings.

    (a)(1) After granting a request for a hearing under Sec. 53.12, the 
Administrator will designate a presiding officer for the hearing.
    (2) If a time and place for the hearing have not been fixed by the 
Administrator, the hearing will be held as soon as practicable at a time 
and place fixed by the presiding officer, except that the hearing shall 
in no case be held sooner than 30 days after publication of a notice of 
hearing in the Federal Register.
    (3) For purposes of the hearing, the parties shall include EPA, the 
applicant or interested person(s) who requested the hearing, and any 
person permitted to intervene in accordance with paragraph (c) of this 
section.
    (4) The Deputy General Counsel or the Deputy General Counsel's 
representative will represent EPA in any hearing under this section.
    (5) Each party other than EPA may be represented by counsel or by 
any other duly authorized representative.
    (b)(1) Upon appointment, the presiding officer will establish a 
hearing file. The file shall contain copies of the notices issued by the 
Administrator pursuant to Sec. 53.11(b)(1), together with any 
accompanying material, the request for a hearing and supporting data 
submitted therewith, the notice of hearing published in accordance with 
paragraph (a)(2) of this section, and correspondence and other material 
data relevant to the hearing.
    (2) The hearing file shall be available for inspection by the 
parties or their representatives at the office of the presiding officer, 
except to the extent that it contains information identified in 
accordance with Sec. 53.15.
    (c) The presiding officer may permit any interested person to 
intervene in the hearing upon such a showing of interest as the 
presiding officer may require; provided that permission to intervene may 
be denied in the interest of expediting the hearing where it appears 
that the interests of the person seeking to intervene will be adequately 
represented by another party (or by other parties), including EPA.
    (d)(1) The presiding officer, upon the request of any party or at 
the officer's discretion, may arrange for a prehearing conference at a 
time and place specified by the officer to consider the following:
    (i) Simplification of the issues.
    (ii) Stipulations, admissions of fact, and the introduction of 
documents.
    (iii) Limitation of the number of expert witnesses.
    (iv) Possibility of agreement on disposing of all or any of the 
issues in dispute.
    (v) Such other matters as may aid in the disposition of the hearing, 
including such additional tests as may be agreed upon by the parties.
    (2) The results of the conference shall be reduced to writing by the 
presiding officer and made part of the record.
    (e)(1) Hearings shall be conducted by the presiding officer in an 
informal but orderly and expeditious manner. The parties may offer oral 
or written evidence, subject to exclusion by the presiding officer of 
irrelevant, immaterial, or repetitious evidence.
    (2) Witnesses shall be placed under oath.
    (3) Any witness may be examined or cross-examined by the presiding 
officer, the parties, or their representatives. The presiding officer 
may, at his/her discretion, limit cross-examination to relevant and 
material issues.
    (4) Hearings shall be reported verbatim. Copies of transcripts of 
proceedings may be purchased from the reporter.
    (5) All written statements, charts, tabulations, and data offered in 
evidence at the hearing shall, upon a showing satisfactory to the 
presiding officer of their authenticity, relevancy, and materiality, be 
received in evidence and shall constitute part of the record.
    (6) Oral argument shall be permitted. The presiding officer may 
limit oral presentations to relevant and material issues and designate 
the amount of time allowed for oral argument.
    (f)(1) The presiding officer shall make an initial decision which 
shall include written findings and conclusions and the reasons therefore 
on all the material issues of fact, law, or discretion presented on the 
record. The findings, conclusions, and written decision shall be 
provided to the parties and made part of the record. The initial 
decision

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shall become the decision of the Administrator without further 
proceedings unless there is an appeal to, or review on motion of, the 
Administrator within 30 calendar days after the initial decision is 
filed.
    (2) On appeal from or review of the initial decision, the 
Administrator will have all the powers consistent with making the 
initial decision, including the discretion to require or allow briefs, 
oral argument, the taking of additional evidence or the remanding to the 
presiding officer for additional proceedings. The decision by the 
Administrator will include written findings and conclusions and the 
reasons or basis therefore on all the material issues of fact, law, or 
discretion presented on the appeal or considered in the review.