[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: 40CFR78.16]

[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. 78.16  Record of appeal proceeding.

    (a) The proposed decision issued by the Presiding Officer, 
transcripts of oral hearings or oral arguments, written direct and 
rebuttal testimony, and any other written materials of any kind filed in 
the proceeding will be part of the record and will be available to the 
public in the office of the Hearing Clerk, subject to the requirements 
of part 2 of this chapter.
    (b) Hearings and oral arguments shall be recorded as specified by 
the Presiding Officer, and thereupon transcribed. After the hearing or 
oral argument, the reporter will certify and file with the Hearing 
Clerk.
    (1) The original transcript; and
    (2) Any exhibits received or offered into evidence at the hearing.
    (c) The Hearing Clerk will promptly give written notice to the 
parties when any transcript is available. Any party that desires a copy 
of the transcript may obtain a copy upon payment of costs.
    (d) The Presiding Officer will allow witnesses, parties, and their 
counsel or representatives:
    (1) Up to 7 days (or other shorter, reasonable period established by 
the Presiding Officer) from issuance of the notice under paragraph (c) 
of this section in order to file written proposed corrections of the 
transcript necessary to correct errors made in the transcribing; and
    (2) Up to 7 days (or other shorter, reasonable period established by 
the Presiding Officer) from the submission of the corrections in order 
to file objections to the proposed corrections.
    (e) The Presiding Officer will determine which, if any, corrections 
should be made to the transcript and incorporate them into the record.

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