40 CFR § 304.25 - communication.
---
identifier: "/us/cfr/t40/s304.25"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 304.25 - communication."
title_number: 40
title_name: "Protection of Environment"
section_number: "304.25"
section_name: "communication."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "J"
subchapter_name: "SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS"
part_number: "304"
part_name: "ARBITRATION PROCEDURES FOR SMALL SUPERFUND COST RECOVERY CLAIMS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 9607(a) and 9622(h)(2), Executive Order No. 12580, 52 FR 2923 (January 29, 1987)."
regulatory_source: "54 FR 23179, May 30, 1989, unless otherwise noted."
cfr_part: "304"
---
# 304.25 communication.
(a) No interested person shall make or knowingly cause to be made to the Arbitrator an *ex parte* communication.
(b) The Arbitrator shall not make or knowingly cause to be made to any interested person an *ex parte* communication.
(c) The Association may remove the Arbitrator in any proceeding in which it is demonstrated to the Association's satisfaction that the Arbitrator has engaged in prohibited *ex parte* communication to the prejudice of any party. If the Arbitrator is removed, the procedures in § 304.22(d) of this part shall apply.
(d) Whenever an *ex parte* communication in violation of this section is received by or made known to the Arbitrator, the Arbitrator shall immediately notify in writing all parties to the proceeding of the circumstances and substance of the communication and may require the party who made the communication or caused the communication to be made, or the party whose representative made the communication or caused the communication to be made, to show cause why that party's arguments or claim should not be denied, disregarded, or otherwise adversely affected on account of such violation.
(e) The prohibitions of this section apply upon appointment of the Arbitrator and terminate on the date of the final decision.