[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: 40CFR209.7]

[Page 159]
 
                   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. 209.7  Effective date of order in complaint.

    (a) The order in the complaint is effective and binding on 
respondent 20 days after service of the complaint, unless respondent 
requests a hearing pursuant to Sec. 209.6. If the respondent does not 
request a hearing, the order is then a final order of the Agency.
    (b) Respondent may file a motion with the complainant to vacate the 
final order, reopen the proceedings and request a hearing after the 
order is effective. This motion must be filed within twenty (20) days 
after the effective date of the order. The motion shall state the 
reasons respondent failed to file a timely answer, and provide the 
information required by Sec. 209.6(b). The Administrator may, in his or 
her discretion and for good cause shown, grant the motion.