[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: 40CFR22.8]

[Page 247]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
                            Subpart A_General
 
Sec. 22.8  Ex parte discussion of proceeding.

    At no time after the issuance of the complaint shall the 
Administrator, the members of the Environmental Appeals Board, the 
Regional Administrator, the Presiding Officer or any other person who is 
likely to advise these officials on any decision in the proceeding, 
discuss ex parte the merits of the proceeding with any interested person 
outside the Agency, with any Agency staff member who performs a 
prosecutorial or investigative function in such proceeding or a 
factually related proceeding, or with any representative of such person. 
Any ex parte memorandum or other communication addressed to the 
Administrator, the Regional Administrator, the Environmental Appeals 
Board, or the Presiding Officer during the pendency of the proceeding 
and relating to the merits thereof, by or on behalf of any party shall 
be regarded as argument made in the proceeding and shall be served upon 
all other parties. The other parties shall be given an opportunity to 
reply to such memorandum or communication. The requirements of this 
section shall not apply to any person who has formally recused himself 
from all adjudicatory functions in a proceeding, or who issues final 
orders only pursuant to Sec. 22.18(b)(3).