[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: 40CFR179.20]

[Page 287]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 179--FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents
 
                    Subpart B--Initiation of Hearing
 
Sec. 179.20  Notice of hearing.


    (a) If the Administrator determines under Sec. 178.32 of this 
chapter that a hearing is justified on any issue, the Administrator will 
file with the hearing clerk and publish in the Federal Register a Notice 
of Hearing. The Notice of Hearing will set forth:
    (1) The docket number for the hearing.
    (2) Each order, regulation, or petition denial that is the subject 
of the hearing, and a statement specifying any part of any such 
regulation or order that has been stayed in the Administrator's 
discretion.
    (3) The identity of each person whose request for a hearing has been 
granted, and of any other person whose petition under Sec. 177.81 or 
Sec. 180.7 of this chapter occasioned the order that the hearing 
concerns.
    (4) A statement of the issues of fact on which a hearing has been 
found to be justified.
    (5) A statement of the objections whose resolution depends on the 
resolution of those issues of fact.
    (6) A statement that the presiding officer will be designated by the 
Chief Administrative Law Judge.
    (7) The time within which notices of participation should be filed 
under Sec. 179.42.
    (8) The date, time, and place of the preliminary conference, or a 
statement that the date, time, and place will be announced in a later 
notice, and the place of the hearing.
    (9) The time within which parties must submit written information 
and views under Sec. 179.83.
    (10) Designations with respect to separation of functions published 
under Sec. 179.24(b)(2).
    (b) The statement of the issues of fact on which a hearing has been 
justified determines the scope of the hearing and the matters on which 
evidence may be introduced. The issues may be revised by the presiding 
officer. A party may obtain interlocutory review by the Administrator of 
a decision by the presiding officer to revise the issues to include an 
issue on which the Administrator has not granted a request for a hearing 
or to eliminate an issue on which a request for a hearing has been 
granted.
    (c) A hearing is deemed to begin on the date of publication of the 
Notice of Hearing.