[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: 40CFR27.37]

[Page 308]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 27_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec. 27.37  Initial decision.

    (a) The presiding officer shall issue an initial decision based only 
on the record. The decision shall contain findings of fact, conclusions 
of law, and the amount of any penalties and assessments imposed.
    (b) The findings of fact shall include a finding on each of the 
following issues:
    (1) Whether the claims or statements identified in the complaint, or 
any portions thereof, violate Sec. 27.3;
    (2) If the person is liable for penalties or assessments, the 
appropriate amount of any such penalties or assessments considering any 
mitigating or aggravating factors that he or she finds in the case, such 
as those described in Sec. 27.31.
    (c) The presiding officer shall promptly serve the initial decision 
on all parties within 90 days after the time for submission of post-
hearing briefs and responsive briefs (if permitted) has expired. The 
presiding officer shall at the same time serve all parties with a 
statement describing the right of any defendant determined to be liable 
for a civil penalty or assessment to file a motion for reconsideration 
or a notice of appeal. If the presiding officer fails to meet the 
deadline contained in this paragraph, he or she shall notify the parties 
of the reason for the delay and shall set a new deadline.
    (d) Unless the initial decision of the presiding officer is timely 
appealed to the Environmental Appeals Board, or a motion for 
reconsideration of the initial decision is timely filed, the initial 
decision shall constitute the final decision of the Environmental 
Appeals Board and shall be final and binding on the parties 30 days 
after it is issued by the presiding officer.

[45 FR 24363, Apr. 9, 1980, as amended at 57 FR 5327, Feb. 13, 1992]