[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR327.8]



[Page 463-464]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 327_PUBLIC HEARINGS--Table of Contents

 

Sec.  327.8  Conduct of hearings.



    (a) The presiding officer shall make an opening statement outlining 

the



[[Page 464]]



purpose of the hearing and prescribing the general procedures to be 

followed.

    (b) Hearings shall be conducted by the presiding officer in an 

orderly but expeditious manner. Any person shall be permitted to submit 

oral or written statements concerning the subject matter of the hearing, 

to call witnesses who may present oral or written statements, and to 

present recommendations as to an appropriate decision. Any person may 

present written statements for the hearing record prior to the time the 

hearing record is closed to public submissions, and may present proposed 

findings and recommendations. The presiding officer shall afford 

participants a reasonable opportunity for rebuttal.

    (c) The presiding officer shall have discretion to establish 

reasonable limits upon the time allowed for statements of witnesses, for 

arguments of parties or their counsel or representatives, and upon the 

number of rebuttals.

    (d) Cross-examination of witnesses shall not be permitted.

    (e) All public hearings shall be reported verbatim. Copies of the 

transcripts of proceedings may be purchased by any person from the Corps 

of Engineers or the reporter of such hearing. A copy will be available 

for public inspection at the office of the appropriate district 

engineer.

    (f) All written statements, charts, tabulations, and similar data 

offered in evidence at the hearing shall, subject to exclusion by the 

presiding officer for reasons of redundancy, be received in evidence and 

shall constitute a part of the record.

    (g) The presiding officer shall allow a period of not less than 10 

days after the close of the public hearing for submission of written 

comments.

    (h) In appropriate cases, the district engineer may participate in 

joint public hearings with other Federal or state agencies, provided the 

procedures of those hearings meet the requirements of this regulation. 

In those cases in which the other Federal or state agency allows a 

cross-examination in its public hearing, the district engineer may still 

participate in the joint public hearing but shall not require cross 

examination as a part of his participation.