---
kind: "section"
citation: "18 C.F.R. § 401.94"
title: "18"
number: "401.94"
heading: "Adjudicatory hearings."
url: "https://uscodex.org/cfr/18/401.94"
---

# §401.94. Adjudicatory hearings.

- (a) An adjudicatory hearing, which may be in lieu of or in addition to proceedings pursuant to [§ 401.93](/cfr/18/401.93.md) at which testimony may be presented and documents received shall not be scheduled unless:
  - (1) The Executive Director determines that a hearing is required to have an adequate record for the Commission; or
  - (2) **The Commission directs that such a hearing be held.**
- (b) If an adjudicatory hearing is scheduled, the possible violator shall be given at least 14 days written notice of the hearing date unless waived by consent. Notice of such a hearing may be given to the general public and the press in the manner provided in [section 14.4(b)](/cfr/18/14.4.md?p=b) of the Compact but may be waived by the Executive Director.
- (c) Except to the extent inconsistent with the provisions of this subpart adjudicatory hearings shall be conducted in accordance with the provisions of [§§ 491.83 through 401.88](/cfr/18/491.83..401.88.md) (including [§ 401.86](/cfr/18/401.86.md) et seq.).

## Notes

### Source

Source: 52 FR 37602, Oct. 8, 1987, unless otherwise noted.

### Authority

Authority: Delaware River Basin Compact (75 Stat. 688), unless otherwise noted.

### Source

Source: 39 FR 25474, July 11, 1974, unless otherwise noted.