7 CFR 1.624 - How 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.
(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:
(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
(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:
(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.
(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 2013-01-01
no entries appear in the Federal Register after this date.