40 CFR 78.5 - Limitation on filing or presenting new evidence and raising new issues.
§ 78.5
Limitation on filing or presenting new evidence and raising new issues.
(a)
Where there was an opportunity for public comment prior to the decision that is subject to appeal, no evidence shall be filed or presented, and no issues raised, in a proceeding under this part that were not filed, presented, or raised during the public comment period, absent a showing of good cause explaining the party's failure to do so during the public comment period. Good cause shall include any instance where the party seeking to file or present new evidence or raise a new issue shows that the evidence could not have reasonably been ascertained, filed, or presented, the issue could not have reasonably been ascertained or raised, or that the materiality of the new evidence or issue could not have reasonably been anticipated, prior to the close of the public comment period.
(b)
If an evidentiary hearing is granted, no evidence shall be filed or presented on questions of law or policy or on matters not subject to challenge in the evidentiary hearing.
[58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 70 FR 25339, May 12, 2005]
Title 40 published on 2012-07-01
no entries appear in the Federal Register after this date.
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