[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR178.32]

[Page 316]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 178_OBJECTIONS AND REQUESTS FOR HEARINGS--Table of Contents
 
   Subpart B_Procedures for Filing Objections and Requests for Hearing
 
Sec. 178.32  Rulings on requests for hearing.

    (a) In the case of each request for an evidentiary hearing that was 
not denied under Sec. 178.30(a) or (b), the Administrator will 
determine whether such a hearing on one or more of the objections is 
justified, and will publish in the Federal Register the determination in 
an order issued under Sec. 178.37 or a Notice of Hearing issued under 
Sec. 179.20 of this chapter. If some requests for a hearing are denied 
and others pertaining to the same order or regulation are granted, the 
denial order and the hearing notice may be combined into a single 
document and shall be issued at the same time unless the Administrator 
for good cause determines otherwise.
    (b) A request for an evidentiary hearing will be granted if the 
Administrator determines that the material submitted shows the 
following:
    (1) There is a genuine and substantial issue of fact for resolution 
at a hearing. An evidentiary hearing will not be granted on issues of 
policy or law.
    (2) There is a reasonable possibility that available evidence 
identified by the requestor would, if established, resolve one or more 
of such issues in favor of the requestor, taking into account 
uncontested claims or facts to the contrary. An evidentiary hearing will 
not be granted on the basis of mere allegations, denials, or general 
descriptions of positions and contentions, nor if the Administrator 
concludes that the data and information submitted, even if accurate, 
would be insufficient to justify the factual determination urged.
    (3) Resolution of the factual issue(s) in the manner sought by the 
person requesting the hearing would be adequate to justify the action 
requested. An evidentiary hearing will not be granted on factual issues 
that are not determinative with respect to the action requested. For 
example, a hearing will not be granted if the Administrator concludes 
that the action would be the same even if the factual issue were 
resolved in the manner sought.
    (c) Where appropriate, the Administrator will make rulings on any 
issues raised by an objection which are necessary for resolution prior 
to determining whether a request for an evidentiary hearing should be 
granted.