[Code of Federal Regulations]
[Title 40, Volume 13]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR66.42]

[Page 145]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66 - ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA--Table of Contents
 
   Subpart E - Decisions on Exemption Requests and Challenges to 
                        Notices of Noncompliance
 
Sec. 66.42  Procedure for hearings.

    (a) Except as provided in Sec.Sec. 66.32 and 
66.33, hearings granted under Sec. 66.41(a)(3) shall be held 
as provided in Subpart J.
    (b) If hearings are granted pursuant to both Sec. 66.32 or 
Sec. 66.33 and under Subpart J, a consolidated hearing in 
accordance with Subpart J shall be held. At the consolidated hearing the 
issues that would otherwise have been considered at a hearing under 
Sec. 66.32 or Sec. 66.33 shall be considered 
pursuant to the procedures for a hearing provided in those sections.
    (c) The Presiding Officer at a hearing granted under Sec. 
66.41 shall issue an initial decision within 90 days after the 
Administrator grants the hearing, unless the duration of the hearing or 
the deadline for decision is extended by the Presiding Officer upon 
agreement of the parties. Failure to issue a decision (whether or not by 
consent) within 90 days shall not affect the validity of the proceedings 
or the accrual of penalties in any manner.