[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: 40CFR179.105]

[Page 295-296]
 
                   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. 179.105  Initial decision.

    (a) After the filing of briefs and any oral argument, the presiding 
officer shall prepare and file an initial decision on the issues of fact 
in the hearing and the objections relating to those issues.
    (b) The initial decision must be based on a fair evaluation of the 
entire record, and must contain:
    (1)(i) A conclusion that no change is warranted in the order or 
regulation to which objection was taken; or
    (ii) A conclusion that changes in the order or regulation are 
warranted, the language of the order or regulation as changed, and an 
effective date for the order or regulation as changed, which date must 
not be earlier than the 90th day after it is published unless the order 
contains findings as to the existence of emergency conditions that 
necessitate an earlier effective date.
    (2) Findings of fact supported by reliable, probative and 
substantial evidence that has been found admissible by the presiding 
officer, and adequate citations to the record supporting those findings.
    (3) Conclusions on legal and policy issues, if such conclusions are 
necessary to resolve the objections.
    (4) A discussion of the reasons for the findings and conclusions, 
including a discussion of the significant contentions made by any party.
    (c) Except as otherwise provided by order of the Administrator filed 
in accordance with Sec. 179.80, after the initial decision is filed, the 
presiding officer has no further jurisdiction over the matter and any 
motions or requests

[[Page 296]]

filed with the hearing clerk will be decided by the Administrator.
    (d) The initial decision becomes the final decision of the 
Administrator by operation of law unless a party files exceptions with 
the hearing clerk under Sec. 179.107 or the Administrator files a notice 
of review under Sec. 179.110.