[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: 40CFR78.13]

[Page 475]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 78--APPEAL PROCEDURES FOR ACID RAIN PROGRAM--Table of Contents
 
Sec. 78.13  Scheduling orders and pre-hearing conferences.

    (a) If a request for an evidentiary hearing is granted, the 
Presiding Officer will issue an order scheduling the following:
    (1) The filing by each party of a narrative statement of position on 
each factual issue in controversy.
    (2) The identification of any witness that a party expects to call 
and of any written testimony, documents, papers, exhibits, or other 
materials that a party expects to introduce into evidence. At the 
request of the Presiding Officer, the party shall include a brief 
narrative summary of any witness' expected testimony and of any such 
materials.
    (3) The filing of written testimony, in accordance with 
Sec. 78.14(b) of this part, and other evidence in support of a narrative 
statement.
    (4) The filing of any motions by any party, including motions for 
the production of documentation, data, or other information material to 
the disputed facts to be addressed at the hearing.
    (b) The Presiding Officer may also, on motion or sua sponte, 
schedule one or more pre-hearing conferences on the record to address 
any of the following:
    (1) Simplification, clarification, amplification, or limitation of 
the issues.
    (2) Admissions and stipulations of facts and determinations of the 
genuineness of documents.
    (3) Objections to the introduction into evidence at the hearing of 
any written testimony or other submissions proposed by a party; provided 
that at any time before the end of the hearing, any party may make, and 
the Presiding Officer may consider and rule upon, a motion to strike 
testimony or other evidence (other than evidence included in the 
administrative record (if any) under Sec. 72.63 of this chapter) on the 
grounds of relevance, competency, or materiality.
    (4) Taking official notice of any matters.
    (5) Grouping of parties with substantially similar interests to 
eliminate redundant evidence, motions, objections, and briefs.
    (6) Such other matters that may expedite the hearing or aid in the 
disposition of matters in dispute.
    (c) The Presiding Officer will issue an order (which may be in the 
form of a transcript) reciting the actions taken at any pre-hearing 
conferences, setting the schedule for any hearing, and stating any areas 
of factual and legal agreement and disagreement and the methods and 
procedures to be used in developing any evidence.

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