[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR17.25]
[Page 233]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 17_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN EPA ADMINISTRATIVE PROCEEDINGS--Table of Contents
Subpart C_Procedures for Considering Applications
Sec. 17.25 Extensions of time and further proceedings.
(a) The Presiding Officer may, on motion and for good cause shown,
grant extensions of time, other than for filing an application for fees
and expenses, after final disposition in the adversary adjudication.
(b) Ordinarily, the determination of an award will be made on the
basis of the written record of the underlying proceeding and the filings
required or permitted by the foregoing sections of these rules. However,
the adjudicative officer may sua sponte or on motion of any party to the
proceedings require or permit further filings or other action, such as
an informal conference, oral argument, additional written submissions,
or an evidentiary hearing. Such further action shall be allowed only
when necessary for full and fair resolution of the issues arising from
the application and shall take place as promptly as possible. A motion
for further filings or other action shall specifically identify the
information sought on the disputed issues and shall explain why the
further filings or other action is necessary to resolve the issues.
(c) In the event that an evidentiary hearing is required or
permitted by the adjudicative officer, such hearing and any related
filings or other action required or permitted shall be conducted
pursuant to the procedural rules governing the underlying adversary
adjudication.