[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: 40CFR791.29]



[Page 28-29]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 791_DATA REIMBURSEMENT--Table of Contents

 

                      Subpart B_Hearing Procedures

 

Sec.  791.29  Appointment of hearing officer.



    (a) Qualifications of hearing officer. All hearing officers shall be 

neutral, subject to disqualification for the reasons specified in 

paragraph (f) of this section.

    (b) Appointment from panel. Promptly after receiving the complete 

list of parties at the close of the notice period described in Sec.  

791.22, the American Arbitration Association shall submit simultaneously 

to each party to the dispute an identical list of names. Each party to 

the dispute shall have thirty days from the mailing date in which to 

cross off any names objected to, number the remaining names to indicate 

the order of preference, and return the list to the American Arbitration 

Association. If a party does not return the list within the time 

specified, all persons named therein shall be deemed acceptable to that 

party. From among the persons who have been approved on all lists, and 

in accordance with the designated order of mutual preference, the 

American Arbitration Association shall invite the acceptance of a 

hearing officer to serve. If the parties fail to agree upon any of the 

persons named, or if acceptable hearing officers are unable to act, or 

if for any other reason the appointment cannot be made from the 

submitted lists, the American Arbitration Association shall have the 

power to make the appointment without the submission of any additional 

list.

    (c) Nationality of hearing officer in international dispute. If one 

of the parties is a national or resident of a country other than the 

United States, the hearing officer shall upon the request of any party, 

be appointed from among the nationals of a country other than that of 

the parties.

    (d) Number of hearing officers. The dispute shall be heard and 

determined by one hearing officer unless the American Arbitration 

Association, in its discretion, directs that a greater number of hearing 

officers be appointed.

    (e) Notice of appointment. Notice of the appointment of the hearing 

officer, together with a copy of these rules, and the signed acceptance 

of the hearing officer shall be filed prior to the opening of the first 

hearing.

    (f) Disclosure and challenge procedure. A person appointed as 

hearing officer shall disclose to the American Arbitration Association 

any circumstances likely to affect impartiality, including any bias or 

any financial or personal interest in the result of the hearing or any 

past or present relationship with the parties or their counsel. Upon 

receipt of such information from such hearing officer or other source, 

the American Arbitration Association shall communicate such information 

to the parties, and, if it deems it appropriate to do so, to the hearing 

officer and others. Thereafter, the American Arbitration Association 

shall determine whether the hearing officer should be disqualified and 

shall inform the parties of its decision, which shall be conclusive.



[[Page 29]]



    (g) Vacancies. If any hearing officer should resign, die, withdraw, 

refuse, be disqualified or be unable to perform the duties of the 

office, the American Arbitration Association may, on proof satisfactory 

to it, declare the office vacant. Vacancies shall be filled in 

accordance with the applicable provisions of these rules and the matter 

shall be reheard unless the parties shall agree otherwise.