[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.101]

[Page 178]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 164--RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 
 
Subpart B--General Rules of Practice Concerning Proceedings (Other Than 
                           Expedited Hearings)
 
Sec. 164.101  Appeals from or review of initial decisions.

    (a) Exceptions and request for oral argument. (1) Within 20 days 
after the filing of the Administrative Law Judge's initial decision, 
each party may take exception to any matter set forth in such decision 
or to any adverse order or ruling to which he objected during the 
hearing and may appeal such exceptions to the Environmental Appeals 
Board for decision by filing them in writing with the hearing clerk, 
including a section containing proposed findings of fact, conclusions, 
orders, or rulings. Within the same period of time each party filing 
exceptions and amicus curiae shall file with the hearing clerk a brief 
concerning each of the exceptions being appealed. The party shall 
include, in its brief, page references to the relevant portions of the 
record and to the Administrative Law Judge's initial decision.
    (2) Within 7 days of the service of exceptions, and of a brief under 
paragraph (a)(1) of this section, any other party or amicus curiae may 
file and serve a brief responding to exceptions or arguments raised by 
any other party. Such brief shall include references to the relevant 
portions of the record. Such brief shall not, however, raise additional 
exceptions.
    (3) Five copies of all material filed under this section shall be 
filed with the hearing clerk.
    (b) Review by Administrator when no exceptions are filed. If no 
exceptions are filed within the time provided, the hearing clerk shall 
notify the Administrator 30 days from the date of filing of the 
Administrative Law Judge's initial decision. Within 10 days after said 
notification, the Environmental Appeals Board shall issue an order 
either declining review of the initial decision or expressing its intent 
to review said initial decision. Such order may include a statement of 
issues to be briefed by the parties and a time schedule concerning 
service and filing of briefs adequate to allow the Environmental Appeals 
Board to issue a final order within 90 days from the close of the 
hearing.
    (c) Argument before the Environmental Appeals Board. (1) A party, if 
he files exceptions and a brief, shall state in writing whether he 
desires to make an oral argument thereon before the Environmental 
Appeals Board; otherwise, he shall be deemed to have waived such oral 
argument. The Environmental Appeals Board shall, however, on its own 
initiative, have the right to set an appeal for oral argument.
    (2) If the Environmental Appeals Board determines that additional 
exceptions should be argued, counsel for the parties shall be given 
reasonable written notice of such determination so as to permit 
preparation of adequate argument on all of the exceptions to be argued.

[38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992]