[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: 40CFR164.102]

[Page 178-179]
 
                   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. 164.102  Appeals from accelerated decisions.

    (a) Within 20 days after filing of an accelerated decision by the 
Administrative Law Judge, any party may file exceptions and a supporting 
brief with the hearing clerk, stating with particularity the grounds 
upon which he asserts that the decision is incorrect. The party shall 
include in its brief page references to the relevant portions of the 
record, if applicable.
    (b) Within 7 days of the service of exceptions and brief under 
paragraph (a)

[[Page 179]]

of this section, any other party or amicus curiae may file and serve a 
brief responding thereto, with appropriate page references to the 
relevant portions of the record, if applicable.
    (c) Ordinarily, the appeal from an accelerated decision will be 
decided on the basis of the submission of briefs, but the Environmental 
Appeals Board may allow additional briefs and oral argument.

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