---
kind: "section"
citation: "43 C.F.R. § 45.26"
title: "43"
number: "45.26"
heading: "What will DOI do with any hearing requests?"
url: "https://uscodex.org/cfr/43/45.26"
---

# §45.26. What will DOI do with any hearing requests?

- (a) **Case referral.** Within 55 days after the deadline in § [45.21(a)(2)](/cfr/43/45.21.md?p=a-2) or [35](/cfr/43/35.md) days after the expiration of any stay period under [§ 45.24](/cfr/43/45.24.md), whichever is later, OEPC will refer the case for a hearing as follows:
  - (1) If the hearing is to be conducted by DOI, OEPC will refer the case to the Hearings Division.
  - (2) If the hearing is to be conducted by another Department, OEPC will refer the case to the hearings component used by that Department.
- (b) **Content.** The case referral will consist of the following:
  - (1) Two copies of any preliminary condition or prescription under [§ 45.20](/cfr/43/45.20.md);
  - (2) The original and one copy of any hearing request under [§ 45.21](/cfr/43/45.21.md);
  - (3) The original and one copy of any notice of intervention and response under [§ 45.22](/cfr/43/45.22.md);
  - (4) The original and one copy of any answer under [§ 45.25](/cfr/43/45.25.md); and
  - (5) **The original and one copy of a referral notice under paragraph (c) of this section.**
- (c) **Notice.** At the time OEPC refers the case for a hearing, it must provide a referral notice that contains the following information:
  - (1) The name, address, telephone number, and facsimile number of the Department hearings component that will conduct the hearing;
  - (2) The name, address, and other contact information for the representative of each party to the hearing process;
  - (3) An identification of any other hearing request that will be consolidated with this hearing request; and
  - (4) **The effective date of the case referral to the appropriate Department hearings component.**
- (d) **Delivery and service.**
  - (1) OEPC must refer the case to the appropriate Department hearings component by one of the methods identified in § [45.12(b)(1)(i)](/cfr/43/45.12.md?p=b-1-i) and [(ii)](/cfr/43/45.12.md?p=b-1-ii).
  - (2) OEPC must serve a copy of the referral notice on FERC and each party to the hearing by one of the methods identified in § [45.13(c)(1)](/cfr/43/45.13.md?p=c-1) and [(2)](/cfr/43/45.13.md?p=c-2).

## Notes

### Authority

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

### Source

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