[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR22.21]

[Page 253-254]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
                      Subpart D_Hearing Procedures
 
Sec. 22.21  Assignment of Presiding Officer; scheduling the hearing.


    (a) Assignment of Presiding Officer. When an answer is filed, the 
Regional Hearing Clerk shall forward a copy of the complaint, the 
answer, and any

[[Page 254]]

other documents filed in the proceeding to the Chief Administrative Law 
Judge who shall serve as Presiding Officer or assign another 
Administrative Law Judge as Presiding Officer. The Presiding Officer 
shall then obtain the case file from the Chief Administrative Law Judge 
and notify the parties of his assignment.
    (b) Notice of hearing. The Presiding Officer shall hold a hearing if 
the proceeding presents genuine issues of material fact. The Presiding 
Officer shall serve upon the parties a notice of hearing setting forth a 
time and place for the hearing not later than 30 days prior to the date 
set for the hearing. The Presiding Officer may require the attendance of 
witnesses or the production of documentary evidence by subpoena, if 
authorized under the Act, upon a showing of the grounds and necessity 
therefor, and the materiality and relevancy of the evidence to be 
adduced.
    (c) Postponement of hearing. No request for postponement of a 
hearing shall be granted except upon motion and for good cause shown.
    (d) Location of the hearing. The location of the hearing shall be 
determined in accordance with the method for determining the location of 
a prehearing conference under Sec. 22.19(d).