[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR221.25]

[Page 99]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
  CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 
           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 221_PRESCRIPTIONS IN FERC HYDROPOWER LICENSES--Table of Contents
 
                        Subpart B_Hearing Process
 
Sec. 221.25  What will NMFS do with any hearing requests?

    (a) Case referral. Within 50 days after the deadline in Sec. 
221.21(a), NMFS will refer the case for a hearing as follows:
    (1) If the hearing is to be conducted by NMFS, NMFS will refer the 
case to the Department of Commerce's designated ALJ office.
    (2) If the hearing is to be conducted by another Department, NMFS 
will refer the case to the hearings component used by that Department.
    (b) Content. The case referral will consist of the following:
    (1) A copy of any preliminary prescription under Sec. 221.20;
    (2) The original of any hearing request under Sec. 221.21;
    (3) The original of any notice of intervention and response under 
Sec. 221.22;
    (4) The original of any answer under Sec. 221.24; and
    (5) An original referral notice under paragraph (c) of this section.
    (c) Notice. At the time NMFS refers the case for a hearing, it must 
provide a referral notice that contains the following information:
    (1) The name, address, telephone number, and facsimile number of the 
Department hearings component that will conduct the hearing;
    (2) The name, address, and other contact information for the 
representative of each party to the hearing process;
    (3) An identification of any other hearing request that will be 
consolidated with this hearing request; and
    (4) The date on which NMFS is referring the case for docketing.
    (d) Delivery and service. (1) NMFS must refer the case to the 
appropriate Department hearings component by one of the methods 
identified in Sec. 221.12(b)(1)(i) through (b)(1)(ii).
    (2) NMFS must serve a copy of the referral notice on FERC and each 
party to the hearing by one of the methods identified in Sec. 
221.13(c)(1) and (c)(2).