[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: 40CFR179.80]



[Page 285]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 179_FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents

 

                      Subpart E_Hearing Procedures

 

Sec.  179.80  Filing and service.





    (a) All documents required or authorized to be filed by a party to a 

hearing under this part regarding any matter to be decided by the 

presiding officer, the judicial officer, or the Administrator shall be 

filed in triplicate with the hearing clerk, in the manner specified by 

Sec.  178.25(b) of this chapter. Each filing shall prominently note the 

docket number. To determine compliance with deadlines in a hearing, a 

document is considered filed on the date it is actually received by the 

hearing clerk. When this part allows a response by a party to a 

submission and prescribes a period of time for the filing of the 

response, an additional 3 days are allowed for the filing of the 

response if the submission is served by mail.

    (b) Each notice, order, decision, or other document issued under 

this part by the presiding officer, the judicial officer, or the 

Administrator shall be filed with the hearing clerk. The hearing clerk 

shall immediately serve all parties with a copy of such order, decision, 

or other document.

    (c) At the same time that a party files any document with the 

hearing clerk, the party shall serve a copy thereof on each other party, 

unless the presiding officer specifies otherwise. Each filing shall be 

accompanied by a certificate of service, or a statement that service is 

not required. Service on a party is accomplished by mailing a submission 

to the address shown in the Notice of Participation or by personal 

delivery.

    (d) The presiding officer may grant an extension of time for the 

filing of any pleading, document, or motion (1) Upon timely motion by a 

party, for good cause shown, and after consideration of prejudice to 

other parties, or (2) upon the presiding officer's own motion.

    (e) A motion by a party for an extension may only be made after 

serving a copy of the motion on all other parties, unless the movant can 

show good cause why doing so is impracticable. The motion shall be filed 

in advance of the date on which the pleading, document, or motion is due 

to be filed, unless the failure of the party to make a timely motion for 

an extension was the result of excusable neglect.