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or other documents prior to the oral presentation. The Assistant Secretary or presiding official also may delineate the issues that are to be considered at the oral presentation and place appropriate limitations on the number of intervenors who may participate if two or more intervenors have substantially like interests.
(c) Oral presentations shall be conducted in an informal manner with the Assistant Secretary or the presiding official and other decisional employees presiding as a panel. The panel may question those parties making an oral presentation. Cross-examination by the parties and other more formal procedures used in trial-type hearings will not be available in oral presentations. The oral presentation may be, but need not be, made by legal counsel.
(d) Oral presentations shall be recorded, and the transcript shall be made part of the official record of the proceeding and available to the public. $590.313 Trial-type hearings.
(a) Any party may file a motion for a trial-type hearing for the purpose of taking evidence on relevant and material issues of fact genuinely in dispute in the proceeding. The motion shall identify the factual issues in dispute and the evidence that will be presented. The party must demonstrate that the issues are genuinely in dispute, relevant and material to the decision and that a trial-type hearing is necessary for a full and true disclosure of the facts. The Assistant Secretary or presiding official shall grant a party's motion for a trial-type hearing, if the Assistant Secretary or presiding official determines that there is a relevant and material factual issue genuinely in dispute and that a trial-type hearing is necessary for a full and true disclosure of the facts.
(b) In trial-type hearings, the parties shall have the right to be represented by counsel, to request discovery, to present the direct and rebuttal testimony of witnesses, to cross-examine witnesses under oath, and to present documentary evidence.
(c) The Assistant Secretary or presiding official upon his or her own initiative or upon the motion of any party may consolidate any proceedings in
volving common questions of fact in whole or in part for a trial-type hearing. The Assistant Secretary or presiding official may also place appropriate limitations on the number of intervenors who may participate if two or more intervenors have substantially like interests.
(d) The Assistant Secretary or presiding official may make such rulings for trial-type hearings, including delineation of the issues and limitation of cross-examination of a witness, as are necessary to obtain a full and true disclosure of the facts and to limit irrelevant, immaterial, or unduly repetitious evidence.
(e) At trial-type hearings, the Assistant Secretary or presiding official, or any other decisional employee directed by the Assistant Secretary or presiding official, may call witnesses for testimony or presenting exhibits that directly relate to a particular issue of fact to be considered at the hearing. The Assistant Secretary or presiding official, or any other decisional employee directed by the Assistant Secretary or presiding official, may also question witnesses offered by the parties concerning their testimony.
(f) Trial-type hearings shall be recorded, and the transcript shall be made part of the official record of the proceeding and available to the public.
$ 590.314 Presiding officials.
(a) The Assistant Secretary may designate a presiding official to conduct any stage of the proceeding, including officiating at a conference, oral presentation, or trial-type hearing. The presiding official shall have the full authority of the Assistant Secretary during such proceedings.
(b) A presiding official at a conference, oral presentation, or trial-type hearing shall have the authority to regulate the conduct of the proceeding including, but not limited to, determination of the issues to be raised during the course of the conference, oral presentation, or trial-type hearing, administering oaths or affirmations, directing discovery, ruling on objections to the presentation of testimony or exhibits, receiving relevant and material
procedures, if applicable, without additional procedures, the Assistant Secretary shall advise the parties in writing generally of the issues of concern to the Assistant Secretary upon which the denial or material conditions would be based and provide them with an opportunity to request additional procedures pursuant to $8 590.310, 590.311, 590.312 and 590.313.
evidence, requiring the advance submission of written testimony and exhibits, ruling on motions, determining the format, directing that briefs be filed with respect to issues raised or to be raised during the course of the conference, oral presentation or trial-type hearing, questioning witnesses, taking reasonable measures to exclude duplicative material, and placing limitations on the number of witnesses to be alled by a party. $590.315 Witnesses.
(a) The Assistant Secretary or presiding official may require that the direct testimony of witnesses in trialtype hearings be submitted in advance of the hearing and be under oath, and in written form.
(b) Witnesses who testify in trialtype hearings shall be under oath or affirmation before being allowed to testify.
(C) Witnesses subpoenaed pursuant to $ 590.306 shall be paid the same fees and mileage as paid for like services in the District Courts of the United States.
(d) Witnesses subpoenaed pursuant to $590.307 shall be paid the same fees and mileage as paid for like services in the District Court of the United States. (54 FR 53531, Dec. 29, 1989; 55 FR 14916, Apr. 19, 1990) $590.316 Shortened proceedings.
In any proceeding where, in response to a notice of application or notice of procedures, if applicable, no party files a motion requesting additional procedures, including the right to file written comments, or the holding of a conference, oral presentation, or trial-type hearing, or where the Assistant Secretary determines that such requested additional procedures are not required pursuant to $8 590.310, 590.311, 590.312 and 590.313, the Assistant Secretary may issue a final opinion and order on the basis of the official record, including the application and all other filings. In any proceeding in which the Assistant Secretary intends to deny the application or grant the application with the attachment of material conditions unknown to, or likely to be opposed by, the applicant, solely on the basis of the application and responses to the notice of application or notice of
(a) Any person may file a complaint objecting to the actions by any other person under any statute, rule, order or authorization applicable to an existing import or export authorization over which FE has jurisdiction. No particular form is required. The complaint must be filed with FE in writing and must contain the name and address of the complainant and the respondent and state the facts forming the basis of the complaint.
(b) A complaint concerning an existing import or export authorization shall be served on all parties to the original import or export authorization proceeding either by the complainant or by FE if the complainant has made a good faith effort but has been unable to effect service.
(c) The Assistant Secretary may issue an order to show cause under $590.401, or may provide opportunity for additional procedures pursuant to $8 590.310, 590.311, 590.312, or $590.313, in order to determine what action should be taken in response to the complaint.
Subpart D-Opinions and Orders
$ 590.401 Orders to show cause.
A proceeding under this part may commence upon the initiative of the Assistant Secretary or in response to an application by any person requesting FE action against any other person alleged to be in contravention or violation of any authorization, statute, rule, order, or law administered by FE applicable to the import or export of natural gas, or for any other alleged wrong involving importation or exportation of natural gas over which FE has jurisdiction. Any show cause order issued shall identify the matters of interest or the matters complained of that the Assistant Secretary is inquiring about, and shall be deemed to be tentative and for the purpose of framing issues for consideration and decision. The respondent named in the order shall respond orally or in writing, or both, as required by the order. A show cause order is not a final opinion and order.
$ 590.406 Compliance with orders.
Any person required or authorized to take any action by a final opinion and order of the Assistant Secretary shall file with FE, within thirty (30) days after the requirement or authorization becomes effective, a notice, under oath, that such requirement has been complied with or such authorization accepted or otherwise acted upon, unless otherwise specified in the order. $ 590.407 Reports of changes.
Any person authorized to import or export natural gas has a continuing obligation to give the Assistant Secretary written notification, as soon as practicable, of any prospective or actual changes to the information submitted during the application process upon which the authorization based, including, but not limited to, changes to: The parties involved in the import or export arrangement, the terms and conditions of any applicable contracts, the place of entry or exit, the transporters, the volumes accepted or offered, or the import or export price. Any notification filed under this section shall contain the FE docket number(s) to which it relates. Compliance with this section does not relieve an importer or exporter from responsibility to file the appropriate application to amend a previous import or export authorization under this part whenever such changes are contrary to or otherwise not permitted by the existing authorization.
$590.402 Conditional orders.
The Assistant Secretary may issue a conditional order at any time during a proceeding prior to issuance of a final opinion and order. The conditional order shall include the basis for not issuing a final opinion and order at that time and a statement of findings and conclusions. The findings and conclusions shall be based solely on the official record of the proceeding. 8590.403 Emergency interim orders.
Where consistent with the public interest, the Assistant Secretary may waive further procedures and issue an emergency interim order authorizing the import or export of natural gas. After issuance of the emergency interim order, the proceeding shall be continued until the record is complete, at which time a final opinion and order shall be issued. The Assistant Secretary may attach necessary or appropriate terms and conditions to the emergency interim order to
ensure that the authorized action will be consistent with the public interest.
Subpart E-Applications for
$590.404 Final opinions and orders.
The Assistant Secretary shall issue a final opinion and order and attach such conditions thereto as may be required by the public interest after completion and review of the record. The final opinion and order shall be based solely on the official record of the proceeding and include a statement of findings and conclusions, as well as the reasons or basis for them, and the appropriate order, condition, sanction, relief or denial.
(a) An application for rehearing of a final opinion and order, conditional order, or emergency interim order may be filed by any party aggrieved by the issuance of such opinion and order within thirty (30) days after issuance. The application shall be served on all parties.
(b) The application shall state concisely the alleged errors in the final opinion and order, conditional order, or emergency interim order and must set forth specifically the ground or grounds upon which the application is
Authorizations by the Assistant Secretary to import or export natural gas shall not be transferable or assignable, unless specifically authorized by the Assistant Secretary.
order, or emergency interim order with or without further proceedings.
$590.504 Denial by operation of law.
Unless the Assistant Secretary acts upon the application for rehearing within thirty (30) days after it is filed, it is deemed to be denied. Such denial shall constitute final agency action for the purpose of judicial review.
ased. If an order is sought to be vaated, reversed, or modified by reason f matters that have arisen since the isuance of the final opinion and order, onditional order, or emergency inrim order, the matters relied upon iall be set forth with specificity in he application. The application shall Iso comply with the filing requirelents of $590.103. 590.502 Application is not a stay. The filing of an application for reearing does not operate as a stay of he Assistant Secretary's order, unless pecifically ordered by the Assistant ecretary. 590.503 Opinion and order on rehear
ing. Upon application for rehearing, the Assistant Secretary may grant or deny ehearing or may abrogate or modify he final opinion and order, conditional
8590.505 Answers to applications for
rehearing. No answers to applications for rehearing shall be entertained. Prior to the issuance of any final opinion and order on rehearing, however, the Assistant Secretary may afford the parties an opportunity to file briefs or answers and may order that a conference, oral presentation, or trial-type hearing be held on some or all of the issues presented by an application for rehearing. PART 600-FINANCIAL ASSISTANCE
Sec. 600.1 Purpose. 600.2 Applicability. 600.3 Definitions. 600.4 Deviations. 600.5 Selection of award instrument. 600.6 Eligibility. 600.7 Small and disadvantaged and women
owned business participation. 600.8 Solicitation. 600.9 Notice of program interest. 600.10 Form and content of applications. 600.11 Intergovernmental review. 600.12 Generally applicable requirements. 600.13 Merit review. 600.15 Authorized uses of information. 600.16 Legal authority and effect of an
award. 600.17 Contents of award. 600.18 Recipient acknowledgement of award. 600.19 Notification to unsuccessful appli
cants. 600.20 Maximum DOE obligation. 600.21 Access to records. 600.22 Disputes and appeals. 600.23 Debarment and suspension. 600.24 Noncompliance. 600.25 Suspension and termination. 600.26 Funding. 600.27 Patent and data provisions. 600.28 Restrictions on lobbying. 600.29 Fixed obligation awards. 600.30 Cost sharing.
600.116 Resource Conservation and Recovery
Act. 600.117 Certifications and representations.
Financial and Program Management 600.120 Purpose of financial and program
management. 600.121 Standards for financial management
systems. 600.122 Payment. 600.123 Cost sharing or matching. 600.124 Program income. 600.125 Revision of budget and program
plans. 600.126 Non-Federal audits. 600.127 Allowable costs. 600.128 Period of availability of funds.
Property Standards 600.130 Purpose of property standards. 600.131 Insurance coverage. 600.132 Real property. 600.133 Federally-owned and exempt prop
erty. 600.134 Equipment. 600.135 Supplies and other expendable prop
erty. 600.136 Intangible property. 600.137 Property trust relationship.
Procurement Standards 600.140 Purpose of procurement standards. 600.141 Recipient responsibilities. 600.142 Codes of conduct. 600.143 Competition. 600.144 Procurement procedures. 600.145 Cost and price analysis. 600.146 Procurement records. 600.147 Contract administration. 600.148 Contract provisions. 600.149 Resource Conservation and Recovery
Subpart B-Uniform Administrative Require
ments for Grants and cooperative Agreements With Institutions of Higher Education, Hospitals, Other Non-Profit Organizations and Commercial Organizations
GENERAL 600.100 Purpose. 600.101 Definitions. 600.102 Effect on other issuances. 600.103 Deviations. 600.104 Subawards.
Reports and Records 600.150 Purpose of reports and records. 600.151 Monitoring and reporting program
performance. 600.152 Financial reporting. 600.153 Retention and access requirements
PRE-AWARD REQUIREMENTS 600.110 Purpose. 600.111 Pre-award policies. 600.112 Forms for applying for Federal as
sistance. 600.113 Debarment and suspension. 600.114 Special award conditions. 600.115 Metric system of measurement.
Termination and Enforcement 600.160 Purpose of termination and enforce
ment. 600.161 Termination. 600.162 Enforcement.
AFTER-THE-AWARD REQUIREMENTS 600.170 Purpose. 600.171 Closeout procedures.