[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: 40CFR164.4]

[Page 167-168]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 164--RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 
 
                           Subpart A--General
 
Sec. 164.4  Arrangements for examining Agency records, transcripts, orders, and decisions.

    (a) Reporting of orders, decisions, and other signed documents. All 
orders, decisions, or other signed documents required by the rules in 
this part, whether issued by the Environmental Appeals Board or the 
Presiding Officer shall be made available to the public.
    (b) Establishment of an Agency repository. In addition, all 
transcripts and docket entries shall become part of the official docket 
and shall be retained by the hearing clerk. At least two copies of all 
final orders, decisions and a notification of any appeals taken 
therefrom shall be retained by the hearing clerk and filed 
chronologically and shall be periodically bound and indexed. All the 
above documents shall be made available to the public for reasonable 
inspections during Agency business hours.

[[Page 168]]

    (c) Whenever any information or data is required to be produced or 
examined and any party to the proceeding claims that such information is 
a trade secret or commercial or financial information, other than 
information relating to the formulas of a pesticide, the Administrative 
Law Judge, the Presiding Officer, or the Environmental Appeals Board may 
require production or testimony in camera and sealed to all but the 
parties.
    (d) All orders, decisions, or other documents made or signed by the 
Administrative Law Judge, the Presiding Officer, or the Environmental 
Appeals Board shall be filed with the hearing clerk. The hearing clerk 
shall immediately serve all parties with a copy of such order, decision, 
or other document.

[38 FR 19371, July 20, 1973, as amended at 57 FR 5342, Feb. 13, 1992]