---
kind: "section"
citation: "43 C.F.R. § 45.21"
title: "43"
number: "45.21"
heading: "How do I request a hearing?"
url: "https://uscodex.org/cfr/43/45.21"
---

# §45.21. How do I request a hearing?

- (a) **General.** To request a hearing on disputed issues of material fact with respect to any preliminary condition or prescription filed by DOI, you must:
  - (1) Be a license party; and
  - (2) File with OEPC, at the address provided in[§ 45.2](/cfr/43/45.2.md), a written request for a hearing:
    - (i) For a case under [§ 45.1(d)(1)](/cfr/43/45.1.md?p=d-1), within 30 days after DOI files a preliminary condition or prescription with FERC; or
    - (ii) For a case under [§ 45.1(d)(2)](/cfr/43/45.1.md?p=d-2), within 60 days after DOI files a preliminary condition or prescription with FERC.
- (b) **Content.** Your hearing request must contain:
  - (1) A numbered list of the factual issues that you allege are in dispute, each stated in a single, concise sentence;
  - (2) **The following information with respect to each issue—**
    - (i) The specific factual statements made or relied upon by DOI under [§ 45.20(a)](/cfr/43/45.20.md?p=a) that you dispute;
    - (ii) The basis for your opinion that those factual statements are unfounded or erroneous; and
    - (iii) **The basis for your opinion that any factual dispute is material.**
  - (3) With respect to any scientific studies, literature, and other documented information supporting your opinions under paragraphs [(b)(2)(ii)](#b-2-ii) and [(b)(2)(iii)](#b-2-iii) of this section, specific citations to the information relied upon. If any such document is not already in the license proceeding record, you must provide a copy with the request; and
  - (4) A statement indicating whether or not you consent to service by electronic means under [§ 45.13(c)(4)](/cfr/43/45.13.md?p=c-4) and, if so, by what means.
- (c) **Witnesses and exhibits.** Your hearing request must also list the witnesses and exhibits that you intend to present at the hearing, other than solely for impeachment purposes.
  - (1) For each witness listed, you must provide:
    - (i) His or her name, address, telephone number, and qualifications; and
    - (ii) **A brief narrative summary of his or her expected testimony.**
  - (2) For each exhibit listed, you must specify whether it is in the license proceeding record.
- (d) **Page limits.**
  - (1) For each disputed factual issue, the information provided under [paragraph (b)(2)](#b-2) of this section may not exceed two pages.
  - (2) For each witness, the information provided under [paragraph (c)(1)](#c-1) of this section may not exceed one page.

## Notes

### Authority

Authority: 16 U.S.C. 797(e), 811, 823d.

### Source

Source: 80 FR 17194, Mar. 31, 2015, unless otherwise noted.