---
kind: "section"
citation: "43 C.F.R. § 45.25"
title: "43"
number: "45.25"
heading: "How will the bureau respond to any hearing requests?"
url: "https://uscodex.org/cfr/43/45.25"
---

# §45.25. How will the bureau respond to any hearing requests?

- (a) **General.** Within 50 days after the deadline in § [45.21(a)(2)](/cfr/43/45.21.md?p=a-2) or [30](/cfr/43/30.md) days after the expiration of any stay period under [§ 45.24](/cfr/43/45.24.md), whichever is later, the bureau may file with OEPC an answer to any hearing request under [§ 45.21](/cfr/43/45.21.md).
- (b) **Content.** If the bureau files an answer:
  - (1) For each of the numbered factual issues listed under [§ 45.21(b)(1)](/cfr/43/45.21.md?p=b-1), the answer must explain the bureau'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 bureau is willing to stipulate to the facts as alleged by the requester;
    - (ii) That the bureau believes the issue listed by the requester is not a factual issue, explaining the basis for such belief;
    - (iii) That the bureau believes the issue listed by the requester is not material, explaining the basis for such belief; or
    - (iv) **That the bureau 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 [§ 45.23](/cfr/43/45.23.md) 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.
  - (3) If the bureau plans to rely on any scientific studies, literature, and other documented information that are not already in the license proceeding record, it must provide a copy with its answer.
  - (4) The answer must also indicate whether or not the bureau consents 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.** The bureau's answer must also list the witnesses and exhibits that it intends to present at the hearing, other than solely for impeachment purposes.
  - (1) For each witness listed, the bureau 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, the bureau 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)(1)](#b-1) 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.
- (e) **Notice in lieu of answer.** If the bureau elects not to file an answer to a hearing request:
  - (1) The bureau is deemed to agree that the issues listed by the requester are factual, material, and in dispute;
  - (2) The bureau may file a list of witnesses and exhibits with respect to the request only as provided in [§ 45.42(b)](/cfr/43/45.42.md?p=b); and
  - (3) The bureau must file a notice containing the information required by [paragraph (b)(2)](#b-2) of this section, if the hearing request will be consolidated with one or more other hearing requests under [§ 45.23](/cfr/43/45.23.md), and the statement required by [paragraph (b)(4)](#b-4) of this section.

## Notes

### Authority

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

### Source

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