Page:United States Statutes at Large Volume 90 Part 2.djvu/555

 PUBLIC LAW 94-469—OCT. 11, 1976

90 STAT. 2023

tion of persons as the Administrator determines (I) to be appropriate, and (II) to be required for a full and true disclosure with respect to such issues. (B) The Administrator may prescribe such rules and make such Rules. rulings concerning procedures in such hearings to avoid unnecessary costs or delay. Such rules or rulings may include (i) the imposition of reasonable time limits on each interested person's oral presentations, and (ii) requirements that any cross-examination to which a pereon may be entitled under subparagraph (A) be conducted by the Administrator on behalf of that person in such manner as the Administrator determines (I) to be appropriate, and (II) to be required for a full and true disclosure with respect to disputed issues of material fact, (C)(i) Except as provided in clause (ii), if a group of persons each of whom under subparagraphs (A) and (B) would be entitled to conduct (or have conducted) cross-examination and who are determined by the Administrator to have the same or similar interests in the proceeding cannot agree upon a single representative of such interests for purposes of cross-examination, the Administrator may make rules and rulings (I) limiting the representation of such interest for such purposes, and (II) governing the manner in which such cross-examination shall be limited. (ii) When any person who is a member of a group with respect to which the Administrator has made a determination under clause (i) is unable to agree upon group representation with the other members of the group, then such person shall not be denied under the authority of clause (i) the opportunity to conduct (or have conducted) cross-examination as to issues affecting the person's particular interests if (I) the person satisfies the Administrator that the person has made a reasonable and good faith effort to reach agreement upon group representation with the other members of the group and (II) the Administrator determines that there are substantial and relevant issues which are not adequately presented by the group representative. (D) A verbatim transcript shall be taken of any oral presen- Verbatim tation made, and cross-examination conducted in any informal transcript. hearing under this subsection. Such transcript shall be available to the public. (4)(A) The Administrator may, pursuant to rules prescribed by the Compensation. Administrator, provide compensation for reasonable attorneys' fees, expert witness fees, and other costs of participating in a rulemaking proceeding for the promulgation of a rule under subsection (a) to any person— (i) who represents an interest which would substantially contribute to a fair determination of the issues to be resolved in the proceeding, and (ipif(I) the economic interest of such person is small in comparison to the costs of effective participation in the proceeding by such person, or (II) such person demonstrates to the satisfaction of the Administrator that such person does not have sufficient resources adequately to participate in the proceeding without compensation under this subparagraph. In determining for purposes of clause (i) if an interest will substantially contribute to a fair determination of the issues to be resolved in

�