[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR209.20]



[Page 164-165]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 209_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 

ACT OF 1972--Table of Contents

 

 Subpart A_Rules of Practice Governing Hearings for Orders Issued Under 

                 Section 11(d) of the Noise Control Act

 

Sec.  209.20  Conferences.



    (a) At the discretion of the administrative law judge, conferences 

may be held prior to or during any hearing. The administrative law judge 

shall direct the hearing clerk to notify all parties of the time and 

location of any such conferences. At the discretion of the 

administrative law judge, persons other than parties may attend. At a 

conference the administrative law judge may:

    (1) Obtain stipulations and admissions, receive requests and order 

depositions to be taken, identify disputed issues of fact and law, and 

require or allow the submission of written testimony from any witness or 

party.

    (2) Set a hearing schedule for as many of the following as are 

deemed necessary by the administrative law judge:

    (i) Oral and written statements;

    (ii) Submission of written testimony as required or authorized by 

the administrative law judge;

    (iii) Oral direct and cross-examination of a witness;

    (iv) Oral argument, if appropriate;

    (3) Identify matters of which official notice may be taken;

    (4) Consider limitation of the number of expert and other witnesses;



[[Page 165]]



    (5) Consider the procedure to be followed at the hearing; and

    (6) Consider any other matter that may expedite the hearing or aid 

in the disposition of the issue.

    (b) The results of any conference including all stipulations shall, 

if not transcribed, be summarized in writing by the administrative law 

judge and made part of the record.

    (c) The administrative law judge, on motion or sua sponte, may 

request correspondence from the parties for any of the objectives set 

forth in this section. Copies of the administrative law judge's request 

and the parties' correspondence shall be served upon all parties. The 

administrative law judge shall include such correspondence in the record 

and a written summary of any stipulation or agreement reached by means 

of such correspondence as provided in paragraph (b) of this section.