[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: 40CFR164.4]



[Page 167-168]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

                            Subpart A_General

 

Sec. 164.4  Arrangements for examining Agency records, transcripts, 

orders, and decisions.



    (a) Reporting of orders, decisions, and other signed documents. All 

orders, decisions, or other signed documents required by the rules in 

this part, whether issued by the Environmental Appeals Board or the 

Presiding Officer shall be made available to the public.

    (b) Establishment of an Agency repository. In addition, all 

transcripts and docket entries shall become part of the official docket 

and shall be retained by the hearing clerk. At least two copies of all 

final orders, decisions and a notification of any appeals taken 

therefrom shall be retained by the hearing



[[Page 168]]



clerk and filed chronologically and shall be periodically bound and 

indexed. All the above documents shall be made available to the public 

for reasonable inspections during Agency business hours.

    (c) Whenever any information or data is required to be produced or 

examined and any party to the proceeding claims that such information is 

a trade secret or commercial or financial information, other than 

information relating to the formulas of a pesticide, the Administrative 

Law Judge, the Presiding Officer, or the Environmental Appeals Board may 

require production or testimony in camera and sealed to all but the 

parties.

    (d) All orders, decisions, or other documents made or signed by the 

Administrative Law Judge, the Presiding Officer, or the Environmental 

Appeals Board shall be filed with the hearing clerk. The hearing clerk 

shall immediately serve all parties with a copy of such order, decision, 

or other document.



[38 FR 19371, July 20, 1973, as amended at 57 FR 5342, Feb. 13, 1992]