[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: 40CFR209.32]

[Page 166]
 
                   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. 209.32  Review of the administrative law judge's decision in absence 
of appeal.

    (a) If, after the expiration of the period for taking an appeal 
under Sec. 209.31, no notice of intention to appeal the decision of the 
administrative law judge has been filed, or if filed, not perfected, the 
hearing clerk shall so notify the Environmental Appeals Board.
    (b) The Environmental Appeals Board, upon receipt of notice from the 
hearing clerk that no notice of intention to appeal has been filed, or 
if filed, not perfected pursuant to Sec. 209.31, may, on its own motion, 
within the time limits specified in Sec. 209.30(b), review the decision 
of the administrative law judge. Notice of the Environmental Appeals 
Board's intention to review the decision of the administrative law judge 
shall be given to all parties and shall set forth the scope of such 
review and the issues which shall be considered and shall make provision 
for filing of briefs.

[57 FR 5345, Feb. 13, 1992]