[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: 40CFR179.87]



[Page 287-288]

 

                   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.  179.87  Procedures for preliminary conference.



    Parties in a hearing must appear at the preliminary conference(s) 

prepared to present a position on the matters specified in Sec.  179.85. 

A preliminary conference may be held by telephone, or other electronic 

means, if appropriate.

    (a) To expedite the hearing, parties are encouraged to prepare in 

advance for the conference. Parties should cooperate with each other and 

should request information and begin preparation of testimony at the 

earliest possible time. Failure of a party to appear at the preliminary 

conference or to raise matters that could reasonably be anticipated and 

resolved at that time will not delay the progress of the hearing, and 

constitutes a waiver of the rights of the party regarding such matters 

as objections to the agreements reached, actions taken, or rulings 

issued. Such failure to appear may also be grounds for striking the 

party's participation under Sec.  179.42(f).

    (b) Each party shall bring to the preliminary conference the 

following specific information, which will be filed with the hearing 

clerk under Sec.  179.80:

    (1) Any additional information to supplement the submission which 

may have been filed under Sec.  179.83, and/or which may be filed if 

approved under Sec.  179.83(c).

    (2) A list setting forth each person who has been identified as a 

witness whose oral or written testimony will be offered by the party at 

the hearing, with a full curriculum vitae for each and a summary of the 

expected testimony (including a list of the principal exhibits on which 

the witness will rely) or a statement as to when such a summary will be 

furnished. A party may amend its witness and document list to add, 

delete, or substitute witnesses or documents.

    (c) The presiding officer may hold preliminary conferences off the 

record in an effort to reach agreement on disputed factual or procedural 

questions.

    (d) The presiding officer shall issue and file under Sec.  179.80 a 

written order reciting the actions taken at each preliminary conference 

and setting forth



[[Page 288]]



the schedule for the hearing. The order will control the subsequent 

course of the hearing unless modified by the presiding officer for good 

cause.