---
kind: "section"
citation: "7 C.F.R. § 1.625"
title: "7"
number: "1.625"
heading: "How will the Forest Service respond to any hearing requests?"
url: "https://uscodex.org/cfr/7/1.625"
---

# §1.625. How will the Forest Service respond to any hearing requests?

- (a) **General.** NFS will determine whether to answer any hearing request under [§ 1.621](/cfr/7/1.621.md) on behalf of the Forest Service.
- (b) **Content.** If NFS answers a hearing request:
  - (1) For each of the numbered factual issues listed under [§ 1.621(b)(1)](/cfr/7/1.621.md?p=b-1), NFS's answer must explain the Forest Service'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 Forest Service is willing to stipulate to the facts as alleged by the requester;
    - (ii) That the Forest Service believes the issue listed by the requester is not a factual issue, explaining the basis for such belief;
    - (iii) That the Forest Service believes the issue listed by the requester is not material, explaining the basis for such belief; or
    - (iv) **That the Forest Service agrees that the issue is factual, material, and in dispute.**
  - (2) NFS's answer must also indicate whether the hearing request will be consolidated with one or more other hearing requests under [§ 1.623](/cfr/7/1.623.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 Forest Service plans to rely on any scientific studies, literature, and other documented information that are not already in the license proceeding record, a copy of each item must be provided with NFS's answer.
  - (4) NFS's answer must also indicate whether or not the Forest Service consents to service by electronic means under [§ 1.613(c)(4)](/cfr/7/1.613.md?p=c-4) and, if so, by what means.
- (c) **Witnesses and exhibits.** NFS's answer must also contain a list of the Forest Service's witnesses and exhibits that the Forest Service intends to present at the hearing, other than solely for impeachment purposes.
  - (1) For each witness listed, the Forest Service 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 Forest Service 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 NFS elects not to answer a hearing request:
  - (1) The Forest Service is deemed to agree that the issues listed by the requester are factual, material, and in dispute;
  - (2) The Forest Service may file a list of witnesses and exhibits with respect to the request only as provided in [§ 1.642(b)](/cfr/7/1.642.md?p=b); and
  - (3) NFS must include with its case referral under [§ 1.623](/cfr/7/1.623.md) a notice in lieu of answer 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 [§ 1.623](/cfr/7/1.623.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 17181, Mar. 31, 2015, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, unless otherwise noted.