[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: 40CFR78.15]

[Page 477]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 78--APPEAL PROCEDURES FOR ACID RAIN PROGRAM--Table of Contents
 
Sec. 78.15  Motions in evidentiary hearings.

    (a) Any party may make a motion to the Presiding Officer on any 
matter relating to the evidentiary hearing in accordance with the 
scheduling orders issued under Sec. 78.13 of this part. All motions 
shall be in writing and served as provided in Sec. 78.4 of this part, 
except those made on the record during an oral hearing before the 
Presiding Officer.
    (b) Any party may make a motion for a summary disposition in its 
favor on any factual issue on the basis that there is no genuine issue 
of material fact. When a motion for summary disposition is made and 
supported, any party opposing the motion may not rest upon mere 
allegations or denials, but must show, by affidavit or by other 
materials subject to consideration by the Presiding Officer, that there 
is a genuine issue of material fact.
    (c) Within 10 days (or other shorter, reasonable period established 
by the Presiding Officer) after a motion made on the record or service 
of any written motion, any party may file a response to the motion.
    (d) The Presiding Officer may schedule an oral argument and call for 
the filing of briefs on any motion. The Presiding Officer will rule on 
the motion within a reasonable time after the date that responses to the 
motion may be filed under paragraph (c) of this section and that any 
oral argument or filing of briefs is completed.
    (e) If all factual issues are decided by summary disposition prior 
to the hearing, no hearing will be held and the Presiding Officer will 
issue a proposed decision under Sec. 78.18 of this part. If a summary 
disposition is denied or if partial summary disposition is granted, the 
hearing shall proceed on the remaining issues.

[58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997]