[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: 40CFR22.28]

[Page 256]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
        Subpart E_Initial Decision and Motion To Reopen a Hearing
 
Sec. 22.28  Motion to reopen a hearing.

    (a) Filing and content. A motion to reopen a hearing to take further 
evidence must be filed no later than 20 days after service of the 
initial decision and shall state the specific grounds upon which relief 
is sought. Where the movant seeks to introduce new evidence, the motion 
shall: state briefly the nature and purpose of the evidence to be 
adduced; show that such evidence is not cumulative; and show good cause 
why such evidence was not adduced at the hearing. The motion shall be 
made to the Presiding Officer and filed with the Regional Hearing Clerk.
    (b) Disposition of motion to reopen a hearing. Within 15 days 
following the service of a motion to reopen a hearing, any other party 
to the proceeding may file with the Regional Hearing Clerk and serve on 
all other parties a response. A reopened hearing shall be governed by 
the applicable sections of these Consolidated Rules of Practice. The 
filing of a motion to reopen a hearing shall automatically stay the 
running of the time periods for an initial decision becoming final under 
Sec. 22.27(c) and for appeal under Sec. 22.30. These time periods 
shall begin again in full when the motion is denied or an amended 
initial decision is served.

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