[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: 40CFR164.90]

[Page 177]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
Subpart B--General Rules of Practice Concerning Proceedings (Other Than 
                           Expedited Hearings)
 
Sec. 164.90  Initial decision.

    (a) Proposed findings of fact, conclusions, and order. Within 20 
days after the last evidence is taken in a hearing, each party may file 
with the hearing clerk proposed orders, findings of fact, and 
conclusions of law based solely on the record, and a brief in support 
thereof. Within 10 days thereafter, each party may file a reply brief. 
The Administrative Law Judge may, in his discretion, extend the total 
time period for filing any proposed findings, conclusions, orders or 
briefs for an additional 30 days. In such instances, briefs and replies 
shall be due at such time as the Administrative Law Judge may fix by 
order. The hearing shall be deemed closed at the conclusion of the 
briefing period.
    (b) Initial decision. The Administrative Law Judge, within 25 days 
after the close of the hearing, shall evaluate the record before him, 
and prepare and file his initial decision with the hearing clerk. A copy 
of the initial decision shall be served upon each of the parties, and 
the hearing clerk shall immediately transmit a copy to the Environmental 
Appeals Board. The initial decision shall become the decision of the 
Environmental Appeals Board without further proceedings unless an appeal 
is taken from it or the Environmental Appeals Board orders review of it, 
pursuant to Sec. 164.101.

[38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992]