(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) 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
The following are only the Rules published in the Federal Register after the published date of Title 7.
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This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.