§ 221.4 What deadlines apply to the trial-type hearing and alternatives processes?
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Title 50—Wildlife and Fisheries > CHAPTER II—NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE > SUBCHAPTER C—MARINE MAMMALS > PART 221—CONDITIONS AND PRESCRIPTIONS IN FERC HYDROPOWER LICENSES > Subpart A—General Provisions
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(a) The following table summarizes the steps in the trial-type hearing process under subpart B of this part and indicates the deadlines generally applicable to each step. If the deadlines in this table are in any way inconsistent with the deadlines as set by other sections of this part or by the ALJ, the deadlines as set by those other sections or by the ALJ control.
Process step
Process day
Must generally be completed
See section
(1) NOAA files preliminary condition(s) or prescription(s) with FERC
0
221.20.
(2) License party files request for hearing
30
Within 30 days after NOAA files preliminary condition(s) or prescription(s) with FERC
221.21(a).
(3) Any other license party files notice of intervention and response
50
Within 20 days after deadline for filing requests for hearing
221.22(a).
(4) NOAA may file answer
80
Within 50 days after deadline for filing requests for hearing
221.25(a).
(5) Office of Habitat Conservation refers case to ALJ office for hearing and issues referral notice to parties
85
Within 55 days after deadline for filing requests for hearing
221.26(a).
(6) Parties may meet and agree to discovery (optional step)
86-91
Before deadline for filing motions seeking discovery
221.41(a).
(7) ALJ office sends docketing notice, and ALJ issues notice setting date for initial prehearing conference
90
Within 5 days after effective date of referral notice
221.30.
(8) Party files motion seeking discovery from another party
92
Within 7 days after effective date of referral notice
221.41(d).
(9) Other party files objections to discovery motion or specific portions of discovery requests
99
Within 7 days after service of discovery motion
221.41(e).
(10) Parties meet to discuss discovery and hearing schedule
100-104
Before date set for initial prehearing conference
221.40(d).
(11) ALJ conducts initial prehearing conference
105
On or about 20th day after effective date of referral notice
221.40(a).
(12) ALJ issues order following initial prehearing conference
107
Within 2 days after initial prehearing conference
221.40(g).
(13) Party responds to interrogatories from another party as authorized by ALJ
120-22
Within 15 days after ALJ's order authorizing discovery during or following initial prehearing conference
221.43(c).
(14) Party responds to requests for documents, etc., from another party as authorized by ALJ
120-22
Within 15 days after ALJ's order authorizing discovery during or following initial prehearing conference
221.45(c).
(15) Parties complete all discovery, including depositions, as authorized by ALJ
130
Within 25 days after initial prehearing conference
221.41(i).
(16) Parties file updated lists of witnesses and exhibits
140
Within 10 days after deadline for completion of discovery
221.42(b).
(17) Parties file written direct testimony
140
Within 10 days after deadline for completion of discovery
221.52(a).
(18) Parties complete prehearing preparation and ALJ commences hearing
155
Within 25 days after deadline for completion of discovery
221.50(a).
(19) ALJ closes hearing record
160
When ALJ closes hearing
221.58.
(20) Parties file post-hearing briefs
175
Within 15 days after hearing closes
221.59(a).
(21) ALJ issues decision
190
Within 30 days after hearing closes
221.60(a).
(b) The following table summarizes the steps in the alternatives process under subpart C of this part and indicates the deadlines generally applicable to each step. If the deadlines in this table are in any way inconsistent with the deadlines as set by other sections of this part, the deadlines as set by those other sections control.
Process step
Process day
Must generally be completed
See section
(1) NOAA files preliminary condition(s) or prescription(s) with FERC
0
221.20.
(2) License party files alternative condition(s) or prescription(s)
30
Within 30 days after NOAA files preliminary condition(s) or prescription(s) with FERC
221.71(a).
(3) ALJ issues decision on any hearing request
190
Within 30 days after hearing closes (see previous table)
221.60(a).
(4) License party files revised alternative condition(s) or prescription(s) if authorized
210
Within 20 days after ALJ issues decision
221.72(a).
(5) NOAA files modified condition(s) or prescription(s) with FERC
300
Within 60 days after the deadline for filing comments on FERC's draft NEPA document
221.73(a).
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.