[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR164.111]



[Page 179]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

 Subpart B_General Rules of Practice Concerning Proceedings (Other Than 

                           Expedited Hearings)

 

Sec. 164.111  Procedure for disposition of motions.



    Within 7 days following the service of any motion provided for in 

Sec. 164.110, any other party to the proceeding may file with the 

hearing clerk an answer thereto. As soon as practicable thereafter, the 

Environmental Appeals Board shall announce its decision whether to grant 

or to deny the motion. Unless the Environmental Appeals Board shall 

determine otherwise, operation of the order shall not be stayed pending 

the decision to grant or to deny the motion. In the event that any such 

motion is granted by the Environmental Appeals Board, the applicable 

rules of practice, as set out elsewhere herein, shall be followed.



[38 FR 19371, July 20, 1973, as amended at 57 FR 5344, Feb. 13, 1992]