[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: 40CFR24.13]

[Page 271]
 
                   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 C_Hearings on Orders Requiring Corrective Measures
 
Sec. 24.13  Qualifications of Presiding Officer; ex parte discussion of 
the proceeding.


    (a) Qualifications of Presiding Officer. The Presiding Officer shall 
be either the Regional Judicial Officer (as described in 40 CFR 
22.04(b)) of another attorney employed by the Agency, who has had no 
prior connection with the case, including the performance of any 
investigative or prosecuting functions.
    (b) Ex parte discussion of the proceeding. 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 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.