[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: 40CFR24.11]

[Page 286]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 24_RULES GOVERNING ISSUANCE OF AND ADMINISTRATIVE HEARINGS ON INTERIM STATUS CORRECTIVE ACTION ORDERS--Table of Contents
 
    Subpart B_Hearings on Orders Requiring Investigations or Studies
 
Sec. 24.11  Hearing; oral presentations and written submissions by 
the parties.

    The Presiding Officer shall conduct the hearing in a fair and 
impartial way, taking action as needed to avoid unnecessary delay, 
exclude redundant material and maintain order during the proceedings. 
Representatives of EPA shall introduce the administrative record and be 
prepared to summarize the basis for the order. The respondent shall have 
a reasonable opportunity to address relevant issues and present its 
views through legal counsel or technical advisors. The Presiding Officer 
may also allow technical and legal discussions and interchanges between 
the parties, including responses to questions to the extent deemed 
appropriate. It is not the Agency's intent to provide EPA or respondent 
an opportunity to engage in direct examination or cross-examination of 
witnesses. The Presiding Officer may address questions to the 
respondent's or EPA's representative(s) during the hearing. Each party 
shall insure that a representative(s) is (are) present at the hearing, 
who is (are) capable of responding to questions and articulating that 
party's position on the law and facts at issue. Where respondent can 
demonstrate that through no fault of its own certain documents 
supportive of its position could not have been submitted before hearing 
in accordance with the requirements of Sec. 24.10(b), it may submit 
such documents at the hearing. Otherwise no new documentary support may 
be submitted at hearing. The Presiding Officer may upon request grant 
petitioner leave to respond to submissions made by respondent pursuant 
to this section or Sec. 24.10(b). The Presiding Officer shall have the 
discretion to order either party to submit additional information 
(including but not limited to posthearing briefs on undeveloped factual, 
technical, or legal matters) in whatever form he deems appropriate 
either at or after the hearing.