[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: 40CFR164.20]



[Page 169-170]

 

                   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. 164.20  Commencement of proceeding.



                       Commencement of Proceeding





    (a) A proceeding shall be commenced whenever a hearing is requested 

by any person adversely affected by a notice of the Administrator of his 

refusal to register or of his intent to cancel the registration or to 

change the classification of a pesticide. A proceeding shall likewise be 

commenced whenever the Administrator decides to call a hearing to 

determine whether or not the registration of a pesticide should be 

canceled or its classification changed. Such request or notice of intent 

to hold a hearing shall be timely filed with the hearing clerk, and the 

matter shall be docketed and assigned a FIFRA docket number.

    (b) If a request for a hearing is filed, the person filing the 

request shall, at the same time, file a document stating his objections 

to the Administrator's



[[Page 170]]



refusal to register or his intent to cancel the registration or to 

change the classification of a pesticide. If a notice of intent to hold 

a hearing is filed by the Administrator, he shall, at the same time, 

file a statement of issues.

    (c) Upon the filing of any objections or notice of intent to hold a 

hearing, the proceeding shall be referred to the Chief Administrative 

Law Judge by the hearing clerk. The Chief Administrative Law Judge shall 

refer the proceeding to himself or another Administrative Law Judge who 

shall thereafter be in charge of all further matters concerning the 

proceedings, except as otherwise provided for by order of the Chief 

Administrative Law Judge, the Administrator, or the Environmental 

Appeals Board.



[38 FR 19371, July 20, 1973, as amended at 38 FR 34117, Dec. 11, 1973; 

57 FR 5342, Feb. 13, 1992]