The procedural rules governing Agency enforcement proceedings are set forth at 40 C.F.R. Part 22. The rules do not provide a right to an oral argument. However, the Board will consider a request for an oral argument. It will grant the request if it believes that argument would be of assistance in resolving the matter in dispute. The Board may also schedule an argument, even if none has been requested, on its own motion.
Oral arguments are open to the public.
The location of the argument will be announced by the Board at the time the argument is scheduled. Arguments are scheduled at the Board's discretion. The EAB sits in panels of three and decides each matter by majority vote. Two members constitute a quorum. Concurring or dissenting opinions may be issued as appropriate.