[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: 40CFR791.31]



[Page 30-31]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 791_DATA REIMBURSEMENT--Table of Contents

 

                      Subpart B_Hearing Procedures

 

Sec.  791.31  Expedited procedures.



    Unless the American Arbitration Association in its discretion 

determines otherwise, the Expedited Procedures described in this section 

shall be applied in any case where the total claim of any party does not 

exceed $5,000, exclusive of interest and hearing costs, and may be 

applied in other cases if the parties agree.

    (a) Application of rules. The expedited hearings will be conducted 

according to the same procedures as the regular ones, except for those 

specifically changed by the expedited rules in this section, Sec.  

791.31.

    (b) Notice by telephone. The parties shall accept all notices from 

the American Arbitration Association by telephone. Such notices by the 

American Arbitration Association shall subsequently be confirmed in 

writing to the parties. Notwithstanding the failure to confirm in 

writing any notice or objection hereunder, the proceeding shall 

nonetheless be valid if notice or obligation has, in fact, been given by 

telephone.

    (c) Appointment and qualifications of hearing officers. The American 

Arbitration Association shall submit simultaneously to each party to the 

dispute an identical list of five persons from which one hearing officer 

shall be appointed. Each party shall have the right to strike two names 

from the list on a peremptory basis. The list is returnable to the 

American Arbitration Association within 10 days from the date of 

mailing. If for any reasons the appointment cannot be made from the 

list, the American Arbitration Association shall have the authority to 

make the appointment without the submission of additional lists. Such 

appointment shall be subject to disqualification for the reasons 

specified in Sec.  791.29(f). The parties shall be given notice by 

telephone by the American Arbitration Association of the appointment of 

the hearing officer. The parties shall notify the American Arbitration 

Association, by telephone, within 7 days of any objections to the 

hearing



[[Page 31]]



officer(s) appointed. Any objection by a party to such hearing officer 

shall be confirmed in writing to the American Arbitration Association 

with a copy to the other parties.

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

date, time and place of the hearing. The American Arbitration 

Association will notify the parties by telephone, 7 days in advance of 

the hearing date. Formal notice of hearing will be sent by the American 

Arbitration Association to the parties.

    (e) The hearing. Generally, the hearing shall be completed within 1 

day. The hearing officer, for good cause shown, may schedule an 

additional hearing to be held within 5 days.

    (f) Time of award. Unless otherwise agreed to by the parties, the 

Award shall be rendered not later than 15 business days from the date of 

the closing of the hearing.