[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: 40CFR164.123]



[Page 181]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

       Subpart C_General Rules of Practice for Expedited Hearings

 

Sec. 164.123  Emergency order.



    (a) Whenever the Environmental Appeals Board determines that an 

emergency exists that does not permit him to hold a hearing before 

suspension, the Environmental Appeals Board may issue a suspension order 

in advance of notification to the registrant.

    (b) The Environmental Appeals Board shall immediately notify the 

registrant of the suspension order. The registrant may then request a 

hearing in accordance with Sec. Sec. 164.121 and 164.122, but the 

suspension order shall remain in effect during the hearing pending the 

issuance of a final order on suspension.



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