[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: 40CFR24.09]

[Page 269-270]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 24_RULES GOVERNING ISSUANCE OF AND ADMINISTRATIVE HEARINGS ON INTERIM 
STATUS CORRECTIVE ACTION ORDERS--Table of Contents
 
    Subpart B_Hearings on Orders Requiring Investigations or Studies
 
Sec. 24.09  Qualifications of Presiding Officer; ex parte discussion of 
the proceeding.


    The Presiding Officer shall be either the Regional Judicial Officer 
(as described in 40 CFR 22.04(b)) or another attorney employed by the 
Agency, who has had no prior connection with the case, including the 
performance of any investigative or prosecuting functions. At no time 
after issuance of the initial administrative order and prior to issuance 
of the final order shall the Regional Administrator, Presiding Officer, 
or any person who will advise these officials in the decision on the 
case, discuss ex parte the merits of the

[[Page 270]]

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. If, after issuance of the initial 
order and prior to issuance of the final order, the Regional 
Administrator, Presiding Officer, or any person who will advise these 
officials in the decision on the case receives from or on behalf of any 
party in an ex parte communication information which is relevant to the 
decision on the case and to which other parties have not had an 
opportunity to respond, a summary of such information shall be served on 
all other parties, who shall have an opportunity to reply to same within 
ten (10) days of service of the summary.