[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: 40CFR178.32]



[Page 279-280]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 178_OBJECTIONS AND REQUESTS FOR HEARINGS--Table of Contents

 

   Subpart B_Procedures for Filing Objections and Requests for Hearing

 

Sec.  178.32  Rulings on requests for hearing.



    (a) In the case of each request for an evidentiary hearing that was 

not denied under Sec.  178.30(a) or (b), the Administrator will 

determine whether such a hearing on one or more of the objections is 

justified, and will publish in the Federal Register the determination in 

an order issued under Sec.  178.37 or a Notice of Hearing issued under 

Sec.  179.20 of this chapter. If some requests for a hearing are denied 

and others pertaining to the same order or regulation are granted, the 

denial order and the hearing notice may be combined into a single 

document and shall be issued at the same time unless the Administrator 

for good cause determines otherwise.

    (b) A request for an evidentiary hearing will be granted if the 

Administrator determines that the material submitted shows the 

following:

    (1) There is a genuine and substantial issue of fact for resolution 

at a hearing. An evidentiary hearing will not be granted on issues of 

policy or law.

    (2) There is a reasonable possibility that available evidence 

identified by the requestor would, if established, resolve one or more 

of such issues in favor of the requestor, taking into account 

uncontested claims or facts to the contrary. An evidentiary hearing will 

not be granted on the basis of mere allegations, denials, or general 

descriptions of positions and contentions, nor if the Administrator 

concludes that the data and information submitted, even if accurate, 

would be insufficient to justify the factual determination urged.

    (3) Resolution of the factual issue(s) in the manner sought by the 

person requesting the hearing would be adequate to justify the action 

requested. An evidentiary hearing will not be granted on



[[Page 280]]



factual issues that are not determinative with respect to the action 

requested. For example, a hearing will not be granted if the 

Administrator concludes that the action would be the same even if the 

factual issue were resolved in the manner sought.

    (c) Where appropriate, the Administrator will make rulings on any 

issues raised by an objection which are necessary for resolution prior 

to determining whether a request for an evidentiary hearing should be 

granted.