[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: 40CFR164.20]

[Page 169-170]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
Subpart B--General Rules of Practice Concerning Proceedings (Other Than 
                           Expedited Hearings)
 
Sec. 164.20  Commencement of proceeding.

                       Commencement of Proceeding


    (a) A proceeding shall be commenced whenever a hearing is requested 
by any person adversely affected by a notice of the Administrator of his 
refusal to register or of his intent to cancel the registration or to 
change the classification of a pesticide. A proceeding shall likewise be 
commenced whenever the Administrator decides to call a hearing to 
determine whether or not the registration of a pesticide should be 
canceled or its classification changed. Such request or notice of intent 
to hold a hearing shall be timely filed with the hearing clerk, and the 
matter shall be docketed and assigned a FIFRA docket number.
    (b) If a request for a hearing is filed, the person filing the 
request shall, at the same time, file a document stating his objections 
to the Administrator's refusal to register or his intent to cancel the 
registration or to change the classification of a pesticide. If a notice 
of intent to hold a hearing is filed by the Administrator, he shall, at 
the same time, file a statement of issues.

[[Page 170]]

    (c) Upon the filing of any objections or notice of intent to hold a 
hearing, the proceeding shall be referred to the Chief Administrative 
Law Judge by the hearing clerk. The Chief Administrative Law Judge shall 
refer the proceeding to himself or another Administrative Law Judge who 
shall thereafter be in charge of all further matters concerning the 
proceedings, except as otherwise provided for by order of the Chief 
Administrative Law Judge, the Administrator, or the Environmental 
Appeals Board.

[38 FR 19371, July 20, 1973, as amended at 38 FR 34117, Dec. 11, 1973; 
57 FR 5342, Feb. 13, 1992]