[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR24.17]

[Page 273]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 24_RULES GOVERNING ISSUANCE OF AND ADMINISTRATIVE HEARINGS ON INTERIM 
STATUS CORRECTIVE ACTION ORDERS--Table of Contents
 
       Subpart C_Hearings on Orders Requiring Corrective Measures
 
Sec. 24.17  Presiding Officer's recom mendation.

    (a) The Presiding Officer will, as soon as practicable after the 
conclusion of the hearing, evaluate the entire administrative record 
and, on the basis of the administrative record, prepare and file a 
recommended decision with the Regional Administrator. The recommended 
decision must address all material issues of fact or law properly raised 
by respondent, and must recommend that the order be modified, withdrawn 
or issued without modification. The recommended decision must provide an 
explanation, with citation to material contained in the record for any 
decision to modify a term of the order, to issue the order without 
change or to withdraw the order. The recommended decision shall be based 
on the administrative record. If the Presiding Officer finds that any 
contested relief provision in the order is not supported by a 
preponderance of the evidence in the record, the Presiding Officer shall 
recommend that the order be modified and issued on terms that are 
supported by the record, or withdrawn.
    (b) At any time within twenty-one (21) days of service of the 
recommended decision on the parties, the parties may file comments on 
the recommended decision with the Clerk. The Clerk shall promptly 
transmit any such comments received to the Regional Administrator for 
his consideration in reaching a final decision.