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cfr_sections: 10:10:1.0.1.1.2.13.23.16

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10:10:1.0.1.1.2.13.23.16 10 Energy I   2 PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE M Subpart M—Procedures for Hearings on License Transfer Applications 2.1323 § 2.1323 Presentation of testimony in an oral hearing. NRC Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42 U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201, 2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42 U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act (5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j) also issued under Sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note). 63 FR 66730, Dec. 3, 1998, unless otherwise noted. [63 FR 66730, Dec. 3, 1998, as amended at 69 FR 2271, Jan. 14, 2004] (a) All direct testimony in an oral hearing shall be filed no later than 15 days before the hearing or as otherwise ordered or allowed pursuant to the provisions of § 2.1322. (b) Written testimony will be received into evidence in exhibit form. (c) Participants may designate and present their own witnesses to the Presiding Officer. (d) Testimony for the NRC staff will be presented only by persons designated for that purpose by either the Executive Director for Operations or a delegee of the Executive Director for Operations. (e) Participants and witnesses will be questioned orally or in writing and only by the Presiding Officer. Questions may be addressed to individuals or to panels of participants or witnesses. (f) The Presiding Officer may accept written testimony from a person unable to appear at the hearing, and may request him or her to respond to questions. (g) No subpoenas will be granted at the request of participants for attendance and testimony of participants or witnesses or the production of evidence.
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