[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR209.24]

[Page 164]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 209--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 
ACT OF 1972--Table of Contents
 
Subpart A--Rules of Practice Governing Hearings for Orders Issued Under 
                 Section 11(d) of the Noise Control Act
 
Sec. 209.24  Default order.

    (a) Default. Respondent may be found to be in default upon failure 
to comply with a prehearing or hearing ruling of the Administrator or 
the administrative law judge. A respondent's default shall constitute an 
admission of all facts alleged in the complaint and a waiver of 
respondent's right to a hearing on such factual allegations. The 
remedial order proposed is binding on respondent without further 
proceedings upon the issuance by the Environmental Appeals Board of a 
final order issued upon default.
    (b) Proposed default order. Where the administrative law judge finds 
a default has occurred after a request for a hearing has been filed, the 
administrative law judge may render a proposed default order to be 
issued against the defaulting party. For the purpose of appeal pursuant 
to Sec. 209.31 this order shall be deemed to be the initial decision of 
the administrative law judge.
    (c) Contents of a final order issued upon default. A final order 
issued upon default shall include findings of fact, conclusions 
regarding all material issues of law, fact, or discretion, and the 
remedial order which is issued. An order issued by the Environmental 
Appeals Board upon default of respondent shall constitute a final order 
in accordance with the terms of Sec. 209.33.

[43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5345, Feb. 13, 1992]