50 C.F.R. Subpart B—Hearing Process


Title 50 - Wildlife and Fisheries


Title 50: Wildlife and Fisheries
PART 221—PRESCRIPTIONS IN FERC HYDROPOWER LICENSES

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Subpart B—Hearing Process

Representatives
221.10Who may represent a party, and what requirements apply to a representative?

Document Filing and Service
221.11What are the form and content requirements for documents under this subpart? 221.12Where and how must documents be filed? 221.13What are the requirements for service of documents?

Initiation of Hearing Process
221.20What supporting information must NMFS provide with its preliminary prescriptions? 221.21How do I request a hearing? 221.22How do I file a notice of intervention and response? 221.23When will hearing requests be consolidated? 221.24How will NMFS respond to any hearing requests? 221.25What will NMFS do with any hearing requests? 221.26What regulations apply to a case referred for a hearing?

General Provisions Related to Hearings
221.30What will the Department of Commerce's designated ALJ office do with a case referral? 221.31What are the powers of the ALJ? 221.32What happens if the ALJ becomes unavailable? 221.33Under what circumstances may the ALJ be disqualified? 221.34What is the law governing ex parte communications? 221.35What are the requirements for motions?

Prehearing Conferences and Discovery
221.40What are the requirements for prehearing conferences? 221.41How may parties obtain discovery of information needed for the case? 221.42When must a party supplement or amend information it has previously provided? 221.43What are the requirements for written interrogatories? 221.44What are the requirements for depositions? 221.45What are the requirements for requests for documents or tangible things or entry on land? 221.46What sanctions may the ALJ impose for failure to comply with discovery? 221.47What are the requirements for subpoenas and witness fees?

Hearing, Briefing, and Decision
221.50When and where will the hearing be held? 221.51What are the parties' rights during the hearing? 221.52What are the requirements for presenting testimony? 221.53How may a party use a deposition in the hearing? 221.54What are the requirements for exhibits, official notice, and stipulations? 221.55What evidence is admissible at the hearing? 221.56What are the requirements for transcription of the hearing? 221.57What is the standard of proof? 221.58When will the hearing record close? 221.59What are the requirements for post-hearing briefs? 221.60What are the requirements for the ALJ's decision?

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