[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

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

[CITE: 40CFR791.27]



[Page 27-28]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 791_DATA REIMBURSEMENT--Table of Contents

 

                      Subpart B_Hearing Procedures

 

Sec.  791.27  Pre-hearing preparation.



    (a) Responses to requests for hearings. After filing of the request 

for hearing, if any other party desires to file an answer it shall be 

made in writing and filed with the American Arbitration Association, and 

a copy thereof shall



[[Page 28]]



be mailed to the other parties within a period of fourteen days from the 

date of receiving the complete list of parties. After the hearing 

officer is appointed, however, no new or different claim may be 

submitted except with the hearing officer's consent.

    (b) Pre-hearing conference. At the request of the parties or at the 

discretion of the American Arbitration Association, a pre-hearing 

conference with a representative of the American Arbitration Association 

and the parties or their counsel will be scheduled in appropriate cases 

to arrange for an exchange of information and the stipulation of 

uncontested facts so as to expedite the proceedings.

    (c) Fixing of locale. The parties may mutually agree on the locale 

where the hearing is to be held. If the locale is not designated within 

45 days from the time the complete list of parties is received, the 

American Arbitration Association shall have power to determine the 

locale. Its decision shall be final and binding. If any party requests, 

and informs the other parties of its request, that the hearing be held 

in a specific locale and the other parties file no objection thereto 

within 14 days of the request, the locale shall be the one requested.

    (d) Time and place. The hearing officer shall fix the time and place 

for each hearing. The American Arbitration Association will mail notice 

to each party at least 14 days in advance.