[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: 40CFR66.92]

[Page 149-150]
 
                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 J - Supplemental Rules for Formal Adjudicatory Hearings
 
Sec. 66.92  Commencement of hearings.

    (a) The provisions of 40 CFR 22.08 (Consolidated Rules of Practice) 
shall become applicable when the Administrator grants a hearing.
    (b) Upon granting a hearing the Administrator shall immediately 
transmit to the appropriate Regional Hearing Clerk two copies of the 
notice granting the hearing and:
    (1) In the case of a hearing pursuant to Sec. 66.42, two 
copies of the notice of noncompliance under Sec. 66.11 (or the 
revocation notice under Sec. 66.34) and of the petition of the 
owner or operator under Sec. 66.13, together with supporting 
documents; and
    (2) In the case of a hearing pursuant to Sec. 66.53 or 
Sec. 66.73, two copies of the penalty calculation of the 
source owner or operator provided pursuant to

[[Page 150]]

Sec. 66.13(a) or Sec. 66.72, and of any Agency 
recalculation pursuant to Sec. 66.51(a)(2) or Sec. 
66.72(b)(2), and of the petition of the source owner or operator for 
reconsideration pursuant to Sec. 66.52 or Sec. 
66.73, together with supporting documents.
    (3) The Regional Hearing Clerk shall open and maintain the official 
file of the proceeding upon receipt of the documents referred to in 
paragraphs (b)(1) and (2) of this section.
    (c) Upon granting a hearing the Administrator shall request the 
Chief Administrative Law Judge to designate an Administrative Law Judge 
to serve as the Presiding Officer. The Chief Administrative Law Judge 
shall make this designation within seven days of receiving the request, 
and shall notify the Regional Hearing Clerk of his action. The Regional 
Hearing Clerk shall forward to the Presiding Officer one set of the 
documents described in paragraph (b).