[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: 40CFR179.112]

[Page 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. 179.112  Decision by Administrator on appeal or review of initial decision.

    (a) On appeal from or review of the initial decision, the 
Administrator shall have the same powers as did the presiding officer in 
making the initial decision. On the Administrator's own initiative or on 
motion, the Administrator may remand the matter to the presiding officer 
for any further action necessary for a proper decision.
    (b) The scope of the issues on appeal to, or on review by the 
Administrator is the same as the scope of the issues before the 
presiding officer, unless the Administrator specifies otherwise.
    (c) After the filing of briefs and any oral argument, the 
Administrator will issue a final decision on the issues of fact in the 
hearing and the objections related to those issues. A final decision 
must contain the elements required for an initial decision by 
Sec. 179.105(b).
    (d) The Administrator may adopt the initial decision as the final 
decision.
    (e) The Administrator's decision, or a summary of the decision and a 
notice of its availability, will be published in the Federal Register.