[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: 40CFR209.33]

[Page 166-167]
 
                   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. 209.33  Decision on appeal or review.

    (a) Upon appeal from or review of the administrative law judge's 
decision, the Environmental Appeals Board shall consider such parts of 
the record as are cited or as may be necessary to resolve the issues 
presented and, in addition shall to the extent necessary or desirable 
exercise all the powers which the Environmental Appeals Board could have 
exercised if it had presided at the hearing.
    (b) The Environmental Appeals Board shall render a decision as 
expeditiously as possible. The Environmental Appeals Board shall adopt, 
modify, or set aside the findings, conclusions, and rule or order 
contained in the decision of the administrative law judge and

[[Page 167]]

shall set forth in its decision a statement of the reasons or bases for 
its action. The Environmental Appeals Board's decision shall be the 
final order in the proceeding.
    (c) In those cases where the Environmental Appeals Board determines 
that it should have further information or additional views of the 
parties as to the form and content of the rule or order to be issued, 
the Environmental Appeals Board, in its discretion, may withhold final 
action pending the receipt of such additional information or views, or 
may remand the case to the administrative law judge.

[57 FR 5345, Feb. 13, 1992]