[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: 40CFR24.15]

[Page 273]
 
                   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. 24.15  Hearing; oral presentations and written submissions by the 
parties.

    (a) The Presiding Officer shall conduct the hearing in a fair and 
impartial manner, take action to avoid unnecessary delay in the 
disposition of the proceedings, and maintain order. The Presiding 
Officer shall permit oral statements on behalf of the respondent and 
EPA. The Presiding Officer may address questions to the respondent's or 
the EPA's representative(s) during the hearing. Each party shall ensure 
that a representative(s) is (are) present at the hearing, who is (are) 
capable of responding to questions and articulating that party's 
position on the law and facts at issue. Apart from questions by the 
Presiding Officer, no direct examination or cross-examination shall be 
allowed.
    (b) Upon commencement of the hearing, a representative of EPA shall 
introduce the order and record supporting issuance of the order, and 
summarize the basis for the order. The respondent may respond to the 
administrative record and offer any facts, statements, explanations or 
documents which bear on any issue for which the hearing has been 
requested. Any such presentation by respondent may include new documents 
only to the extent that respondent can demonstrate that, through no 
fault of its own, such documents could not have been submitted before 
hearing in accordance with the requirements of Sec. 24.14 (c) and (e). 
The Agency may then present matters solely in rebuttal to matters 
previously presented by the respondent. The Presiding Officer may allow 
the respondent to respond to any such rebuttal submitted. The Presiding 
Officer may exclude repetitive or irrelevant matter. The Presiding 
Officer may upon request grant petitioner leave to respond to 
submissions made by respondent pursuant to this paragraph or Sec. 
24.14(e).