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e-CFR data is current as of March 4, 2021

Title 40Chapter ISubchapter JPart 305 → Subpart B


Title 40: Protection of Environment
PART 305—COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS AGAINST THE SUPERFUND


Subpart B—Parties and Appearances


Contents
§305.10   Appearances.
§305.11   Consolidation and severance.

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§305.10   Appearances.

Any party may appear in person or by counsel or other representative. A partner may appear on behalf of a partnership and an officer may appear on behalf of a corporation. Persons who appear as counsel or other representative must conform to the standards of conduct and ethics required of practitioners before the courts of the United States.

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§305.11   Consolidation and severance.

(a) Consolidation. The Presiding Officer may, by motion or sua sponte, consolidate any or all matters at issue in two or more proceedings docketed under this part where:

(1) There exist common parties or common questions of fact or law;

(2) Consolidation would expedite and simplify consideration of the issues; and

(3) Consolidation would not adversely affect the rights of parties engaged in otherwise separate proceedings.

(b) Severance. The Presiding Officer may, by motion or sua sponte, for good cause shown, order any proceedings severed with respect to any or all parties or issues.

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