[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR78.10]

[Page 474]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 78--APPEAL PROCEDURES FOR ACID RAIN PROGRAM--Table of Contents
 
Sec. 78.10  Ex parte communications during pendency of a hearing.

    (a)(1) No party or interested person outside EPA, representative of 
a party or interested person, or member of the EPA trial staff shall 
make, or knowingly cause to be made, to any member of the decisional 
body an ex parte communication on the merits of a proceeding under this 
part.
    (2) No member of the decisional body shall make, or knowingly cause 
to be made, to any party or interested person outside EPA, 
representative of a party or interested person, or member of the EPA 
trial staff, an ex parte communication on the merits of any proceeding 
under this part.
    (3) A member of the decisional body who receives, makes, or 
knowingly causes to be made an ex parte communication prohibited by this 
paragraph shall file with the Environmental Appeals Board (or, if the 
proceeding is pending before an Administrative Law Judge, with the 
Hearing Clerk) for inclusion in the record of the proceeding under this 
part any such written ex parte communications and memoranda stating the 
substance of any such oral ex parte communication.
    (b) Whenever any member of the decisional body receives an ex parte 
communication made, or knowingly caused to be made by a party or 
representative of a party to a proceeding under this part, the person 
presiding over the proceedings then in progress may, to the extent 
consistent with justice, require the party to show good cause why its 
claim or interest in the proceedings should not be dismissed, denied, 
disregarded, or otherwise adversely affected on account of these ex 
parte communications.
    (c) The prohibitions of paragraph (a) of this section shall begin to 
apply upon publication by the Administrator of the notice of the filing 
of a petition under Sec. 78.9 of this part. This prohibition terminates 
on the date of final agency action.