[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.111]

[Page 179]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
Subpart B--General Rules of Practice Concerning Proceedings (Other Than 
                           Expedited Hearings)
 
Sec. 164.111  Procedure for disposition of motions.

    Within 7 days following the service of any motion provided for in 
Sec. 164.110, any other party to the proceeding may file with the 
hearing clerk an answer thereto. As soon as practicable thereafter, the 
Environmental Appeals Board shall announce its decision whether to grant 
or to deny the motion. Unless the Environmental Appeals Board shall 
determine otherwise, operation of the order shall not be stayed pending 
the decision to grant or to deny the motion. In the event that any such 
motion is granted by the Environmental Appeals Board, the applicable 
rules of practice, as set out elsewhere herein, shall be followed.

[38 FR 19371, July 20, 1973, as amended at 57 FR 5344, Feb. 13, 1992]