§4.1040. When and where will the hearing be held?
43 C.F.R. § 4.1040
Time and place.
Except as provided in paragraph (b) of this section, the hearing will be held at the time and place set at the initial prehearing conference under § 4.1022(a)(1)(iii), generally within 90 days after the date DCHD issues the docketing notice under § 4.1020(a)(3).
The ALJ will consider the convenience of all parties, their representatives, and witnesses in setting the time and place for hearing.
Change. On motion by a party or on the ALJ's initiative, the ALJ may change the date, time, or place of the hearing if he or she finds:
That there is good cause for the change; and
That the change will not unduly prejudice the parties and witnesses.
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 479a-1.
Source
Source: 80 FR 48459, Aug. 13, 2015, unless otherwise noted.
Authority
Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.
Source
Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.