[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: 40CFR179.101]

[Page 295]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 179--FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents
 
                    Subpart F--Decisions and Appeals
 
Sec. 179.101  Interlocutory appeal from ruling of presiding officer.


    (a) Except as provided in paragraph (b) of this section and in 
Secs. 179.20(b), 179.42(f), 179.75(b), and 179.90(f), rulings of the 
presiding officer may not be appealed to the Administrator before the 
Administrator's consideration of the entire record of the hearing.
    (b) A ruling of the presiding officer is subject to interlocutory 
appeal to the Administrator if the presiding officer certifies on the 
record or by document submitted under Sec. 179.80 that immediate review 
is necessary to prevent exceptional delay, expense, or prejudice to any 
party or substantial harm to the public interest. When an order or 
ruling is not certified by the presiding officer, it shall be reviewed 
by the Administrator only upon appeal from the initial decision except 
when the Administrator determines upon the request of a party and in 
exceptional circumstances, that delaying review would be deleterious to 
vital public or private interests. Except in extraordinary 
circumstances, proceedings will not be stayed pending an interlocutory 
appeal. Where a stay is granted, a stay of more than 30 days must be 
approved by the Administrator.
    (c) Ordinarily, the interlocutory appeal will be decided on the 
basis of the submission made to the presiding officer, but the 
Administrator may allow further briefs and oral arguments. Any oral 
argument will be transcribed and the transcript will be prepared and 
certified in the same manner as provided in Sec. 179.94.