[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR17.25]

[Page 219-220]
 
                   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

[[Page 220]]

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.