[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: 40CFR209.21]



[Page 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.  209.21  Primary discovery (exchange of witness lists and documents).



    (a) At a prehearing conference or within some reasonable time set by 

the administrative law judge prior to the hearing, each party shall make 

available to the other parties the names of the expert and other 

witnesses the party expects to call, together with a brief summary of 

their expected testimony and copies of all documents and exhibits which 

the party expects to introduce into evidence. Thereafter, witnesses, 

documents, or exhibits may be added and summaries of expected testimony 

amended upon motion by a party.

    (b) The administrative law judge, may, upon motion by a party or 

other person, and for good cause shown, by order (1) restrict or defer 

disclosure by a party of the name of a witness or a narrative summary of 

the expected testimony of a witness, and (2) prescribe other appropriate 

measures to protect a witness. Any party affected by any such action 

shall have an adequate opportunity, once he or she learns the name of a 

witness and obtains the narrative summary of the witness' expected 

testimony, to prepare for the presentation of his or her case.