§ 1.624How will the Forest Service respond to any hearing requests?
(a)General. Within 45 days after the deadline in § 1.621(a)(2), the Forest Service may file with the Hearing Clerk an answer to any hearing request under § 1.621.
(b)Content. If the Forest Service files an answer:
(1) For each of the numbered factual issues listed under § 1.621(b)(1), the answer must explain the Forest Service's position with respect to the issues of material fact raised by the requester, including one or more of the following statements as appropriate:
(i) That the Forest Service is willing to stipulate to the facts as alleged by the requester;
(ii) That the Forest Service believes the issue listed by the requester is not a factual issue, explaining the basis for such belief;
(iii) That the Forest Service believes the issue listed by the requester is not material, explaining the basis for such belief; or
(iv) That the Forest Service agrees that the issue is factual, material, and in dispute.
(2) The answer must also indicate whether the hearing request will be consolidated with one or more other hearing requests under § 1.623 and, if so:
(i) Identify any other hearing request that will be consolidated with this hearing request; and
(ii) State which Department will conduct the hearing and provide contact information for the appropriate Department hearings component.
(c)Witnesses and exhibits. The Forest Service's answer must also list the witnesses and exhibits that it intends to present at the hearing, other than solely for impeachment purposes.
(1) For each witness listed, the Forest Service must provide:
(i) His or her name, address, telephone number, and qualifications; and
(ii) A brief narrative summary of his or her expected testimony.
(2) For each exhibit listed, the Forest Service must specify whether it is in the license proceeding record
(1) For each disputed factual issue, the information provided under paragraph (b)(1) of this section may not exceed two pages.
(2) For each witness, the information provided under paragraph (c)(1) of this section may not exceed one page.
(e)Notice in lieu of answer. If the Forest Service elects not to file an answer to a hearing request:
(1) The Forest Service is deemed to agree that the issues listed by the requester are factual, material, and in dispute;
(2) The Forest Service may file a list of witnesses and exhibits with respect to the request only as provided in § 1.642(b); and
(3) The Forest Service must file a notice containing the information required by paragraph (b)(2) of this section, if the hearing request will be consolidated with one or more other hearing requests under § 1.623.
Title 7 published on 2014-01-01
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