[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: 40CFR209.35]

[Page 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. 209.35  Conclusion of hearing.

    (a) If no appeal has been taken from the administrative law judge's 
decision before the period for taking an appeal under Sec. 209.31 has 
expired, and the period for review by the Environmental Appeals Board on 
its own motion under Sec. 209.30 has expired, and the Environmental 
Appeals Board does not move to review such decision, the hearing will be 
deemed to have ended at the expiration of all periods allowed for such 
appeal and review.
    (b) If an appeal of the administrative law judge's decision is taken 
under Sec. 209.31, or if, in the absence of such appeal, the 
Environmental Appeals Board moves to review the decision of the 
administrative law judge under Sec. 209.32, the hearing will be deemed 
to have ended upon the rendering of a final decision by the 
Environmental Appeals Board.

[57 FR 5346, Feb. 13, 1992]