---
kind: "section"
citation: "43 C.F.R. § 4.1040"
title: "43"
number: "4.1040"
heading: "When and where will the hearing be held?"
url: "https://uscodex.org/cfr/43/4.1040"
---

# §4.1040. When and where will the hearing be held?

- (a) **Time and place.**
  - (1) Except as provided in [paragraph (b)](#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)](/cfr/43/4.1022.md?p=a-1-iii), generally within 90 days after the date DCHD issues the docketing notice under [§ 4.1020(a)(3)](/cfr/43/4.1020.md?p=a-3).
  - (2) The ALJ will consider the convenience of all parties, their representatives, and witnesses in setting the time and place for hearing.
- (b) **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:
  - (1) That there is good cause for the change; and
  - (2) That the change will not unduly prejudice the parties and witnesses.

## Notes

### 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.