[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR304.25]

[Page 341]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 304_ARBITRATION PROCEDURES FOR SMALL SUPERFUND COST RECOVERY 
CLAIMS--Table of Contents
 
     Subpart B_Jurisdiction of Arbitrator, Referral of Claims, and 
                        Appointment of Arbitrator
 
Sec.  304.25  Ex parte communication.

    (a) No interested person shall make or knowingly cause to be made to 
the Arbitrator an ex parte communication.
    (b) The Arbitrator shall not make or knowingly cause to be made to 
any interested person an ex parte communication.
    (c) The Association may remove the Arbitrator in any proceeding in 
which it is demonstrated to the Association's satisfaction that the 
Arbitrator has engaged in prohibited ex parte communication to the 
prejudice of any party. If the Arbitrator is removed, the procedures in 
Sec.  304.22(d) of this part shall apply.
    (d) Whenever an ex parte communication in violation of this section 
is received by or made known to the Arbitrator, the Arbitrator shall 
immediately notify in writing all parties to the proceeding of the 
circumstances and substance of the communication and may require the 
party who made the communication or caused the communication to be made, 
or the party whose representative made the communication or caused the 
communication to be made, to show cause why that party's arguments or 
claim should not be denied, disregarded, or otherwise adversely affected 
on account of such violation.
    (e) The prohibitions of this section apply upon appointment of the 
Arbitrator and terminate on the date of the final decision.