[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: 40CFR791.39]



[Page 31-32]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 791_DATA REIMBURSEMENT--Table of Contents

 

                      Subpart B_Hearing Procedures

 

Sec.  791.39  Fees and expenses.



    (a) Administrative fees. (1) As a not-for-profit organization, the 

American Arbitration Association shall prescribe an Administrative Fee 

Schedule and a Refund Schedule to compensate it for the cost of 

providing administrative services. The schedule in effect at the time of 

filing or the time of refund shall be applicable.

    (2) The administrative fees shall be advanced by the initiating 

party or parties, subject to final apportionment by the hearing officer 

in the award. The administrative fee is increased by 10 percent of the 

original for each additional party.

    (3) Fees and expenses in excess of the limit contained in section 

26(b) of TSCA ($2,500 per person, or $100 per small business) will be 

paid by EPA.

    (b) Expenses. Subject to paragraph (a)(3) of this section, all 

expenses of the hearing, including the cost of recording (though not 

transcribing) the hearing and required traveling and other expenses of 

the hearing officer and of American Arbitration Association 

representatives, and the expenses of any witness or the cost of any 

proofs produced at the direct request of the hearing officer, shall be 

borne equally by the parties, unless they agree otherwise, or unless the 

hearing officer, in the award, assesses such expenses or any part 

thereof against any specified party or parties.

    (c) Hearing officer's fee. Hearing officers will normally serve 

without a fee. In prolonged or special cases the American Arbitration 

Association in consultation with the Administrator may



[[Page 32]]



determine that payment of a fee by the parties is appropriate and may 

establish a reasonable amount, taking into account the extent of service 

by the hearing officer and other relevant circumstances of the case. Any 

arrangements for compensation shall be made through the American 

Arbitration Association and not directly between the parties and the 

hearing officer.