[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: 40CFR22.23]

[Page 255]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
                      Subpart D_Hearing Procedures
 
Sec. 22.23  Objections and offers of proof.

    (a) Objection. Any objection concerning the conduct of the hearing 
may be stated orally or in writing during the hearing. The party raising 
the objection must supply a short statement of its grounds. The ruling 
by the Presiding Officer on any objection and the reasons given for it 
shall be part of the record. An exception to each objection overruled 
shall be automatic and is not waived by further participation in the 
hearing.
    (b) Offers of proof. Whenever the Presiding Officer denies a motion 
for admission into evidence, the party offering the information may make 
an offer of proof, which shall be included in the record. The offer of 
proof for excluded oral testimony shall consist of a brief statement 
describing the nature of the information excluded. The offer of proof 
for excluded documents or exhibits shall consist of the documents or 
exhibits excluded. Where the Environmental Appeals Board decides that 
the ruling of the Presiding Officer in excluding the information from 
evidence was both erroneous and prejudicial, the hearing may be reopened 
to permit the taking of such evidence.