[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

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

[CITE: 40CFR164.7]



[Page 166]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

                            Subpart A_General

 

Sec.  164.7  Ex parte discussion of proceeding.



    At no stage of a proceeding shall the Administrator, the members of 

the Environmental Appeals Board, the Presiding Officer, or the 

Administrative Law Judge discuss ex parte the merits of the proceeding 

with any party or with any person who has been connected with the 

preparation or presentation of the proceeding as an advocate, or in an 

investigative or expert capacity, or with any representative of such 

person, Provided, That the Environmental Appeals Board, the Presiding 

Officer, or the Administrative Law Judge may discuss the merits of the 

case with any such person if all parties to the proceeding, or their 

representatives, have been given reasonable notice and opportunity to be 

present. Any memorandum or other communication addressed to the 

Administrator, the Environmental Appeals Board, the Presiding Officer, 

or the Administrative Law Judge during the pendency of the proceeding, 

and relating to the merits thereof, by or on behalf of any party, shall 

be regarded as an argument made in the proceeding. The Administrator, 

the Environmental Appeals Board, the Presiding Officer, or the 

Administrative Law Judge shall cause any such communication to be filed 

with the hearing clerk and served upon all other parties to the 

proceeding who will be given the opportunity to file an answer thereto.



[57 FR 5342, Feb. 13, 1992]